Madras High CourtCRL OP/6553/2017disposed of

V.M.M.S.Mathava Mohan, v. The Commissioner Of Police,

2017-04-05Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.04.2017

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P. No.6553 of 2017 V.M.M.S.Mathava Mohan .. Petitioner versus

1. The Commissioner of Police, Vepery, Chennai.

2. The Joint Commissioner of Police, Egmore, Chennai.

3. The Assistant Commissioner of Police, Egmore, Chennai.

4. The Inspector of Police, F-2 Police Station, Law and Order, Egmore, Chennai - 600 008.

5.M.Ananthi 6.M.Prabhakaran 7.M.Parthiban .. Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents 1 to 4 from harassing the petitioner at the instigation or on complaint of the respondents 5 to 7 herein in any manner.

For Petitioner : Mr.K.M.Vijayan Senior Counsel for M/s.R.T.Shyamala For Respondent Nos.1 to 4 : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present Criminal Original Petition has been filed seeking a direction to the respondents 1 to 4 from harassing the petitioner at the instigation or on complaint of the respondents 5 to 7 herein in any manner.

2. It is the case of the petitioner that there is a property dispute between the petitioner and the respondents 5 to 7. Hence, a complaint came to be lodged by them, pursuant to which, the petitioner has been harassed by the respondent police. Hence, the petitioner has come forward with the present petition seeking a direction to the respondents 1 to 4 not to harass him.

3. Learned Senior Counsel appearing for the petitioner submitted that the issue involved is civil in nature. However, the respondent police is unnecessarily harassing the petitioner under the guise of the complaint lodged by the respondents 5 to 7.

4. Learned Additional Public Prosecutor appearing for the respondents 1 to 4 submitted that the enquiry is yet to be commenced and the petitioner's presence is required for explanation.

5. In view of the said submission made by the learned Additional Public Prosecutor, the petitioner is directed to appear before the respondent police, on 12.04.2017 at 10.30a.m. for enquiry, on which date, the enquiry should be completed.

6. The Criminal Original Petition is disposed of accordingly.

-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To

1. The Commissioner of Police, Vepery, Chennai.

2. The Joint Commissioner of Police, Egmore, Chennai.

3. The Assistant Commissioner of Police, Egmore, Chennai.

4. The Inspector of Police, F-2 Police Station, Law and Order, Egmore, Chennai - 600 008.

5. The Public Prosecutor, High Court, Madras.

+1 CC to Mrs. R.T.Shyamala, Advocate sr 20633 Crl.O.P. No.6553 of 2017 GJ(CO) sp/10/4