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Madras High CourtCRL OP/20377/2018closed

Prema, Aged 33 Years, v. The Superintendent Of Police,

2018-08-21Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.20377 of 2018 1.Prema 2.Ramesh Kumar .. Petitioners Vs 1.The Superintendent of Police, Cuddalore.

2.The Sub Inspector of Police, Tittagudi Police Station.

.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the 2nd respondent not to interfere with the property dispute of the petitioner and call them for enquiry daily to the 2nd respondent's Police Station and not to conduct "katta panchayatu" in the Police Station without following due process of law.

For Petitioners : Mr.M.Velmurugan For Respondents : Mr.C.Raghavan, GA

O R D E R

It is the case of the petitioner that a partition suit is pending in O.S.No.125 of 2018 before the Sub Court, Tittagudi. Despite which, on the instigation of the other co-sharers, the Police are threatening the petitioner's husband. In this regard, the petitioner is said to have been given a representation dated 30.07.2018 and thereafter, filed the present petition with the above prayer.

2.Heard the learned counsel for the petitioner and the learned Government Advocate.

3.In the opinion of this Court, no such direction as prayed for by the petitioner can be given, since it is the duty of the Police to interpose under Section 149 Cr.P.C. to prevent the commission of any cognizable offence. However, it is made clear that if the petitioner and her husband are not involved in any cognizable offence, the 2nd respondent shall not harass them. https://hcservices.ecourts.gov.in/hcservices/

With the above direction, this petition is closed. -s/d- Deputy Registrar True Copy Sub-Assistant Registrar gya To 1.The Superintendent of Police, Cuddalore.

2.The Sub Inspector of Police, Tittagudi Police Station.

3.The Public Prosecutor, High Court, Madras.

CRL.OP.No.20377 of 2018 SP(03/09/2018) https://hcservices.ecourts.gov.in/hcservices/