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Madras High CourtCRL OP/20839/2018closed

Syed Thamim, Aged 31 Years, v. Inpector Of Police,

2018-10-01Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.20839 of 2018 Syed Thamim .. Petitioner Vs 1.The Inspector of Police, Law and Order, Thiruninravur Police Station, Thiruvallur District.

2.The Assistant Commissioner of Police, Office of Assistant Commissioner, Pattabiram, Tiruvallur District.

3.S.Syed Ibrahim Mohamed Hassaim .. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondents 1 & 2 not to harass the petitioner.

For Petitioner : Mr.N.A.Nissar Ahmed For Respondents : Mr.C.Raghavan, (For R1 & R2) Government Advocate

O R D E R

This Criminal Original Petition has been filed to direct the respondents 1 & 2 not to harass the petitioner under the guise of enquiry.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate [Crl. Side] appearing for the respondents 1 & 2.

3.The 3rd respondent in this case is none other than the father of the petitioner. It is the case of the petitioner that he is running a textile shop in the name of 'Seeman Tex and Readymades' and 'New Seemati Textiles and Readymades' at No.79/3, Periyapalayam Road, Thiruninravur along with his father https://hcservices.ecourts.gov.in/hcservices/

and that he is residing at 2/700 Rajeswari Nagar, Nathamedu, Thiruninravur, where his father is also residing. While so, the petitioner's father (3rd respondent) filed a suit in O.S.No.36 of 2018 before the District Munsif, Tiruvallur and has obtained an order of interim injunction against the petitioner herein. In view of the interim injunction, the 1st respondent police is harassing the petitioner and is asking him to vacate from the residence.

4.However, the learned Government Advocate [Crl. Side] submitted that on the complaint given by the 3rd respondent against the petitioner, petition enquiry was conducted by the 1st respondent in C.No.899 of 2018 and the same has been closed on 28.08.2018.

5.In such view of the matter, the 1st respondent police is directed not to harass the petitioner and it is open to the petitioner and the 3rd respondent to work out their remedies before the Civil Court in the manner known to law. With the above direction, this petition is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Law and Order, Thiruninravur Police Station, Thiruvallur District.

2.The Assistant Commissioner of Police, Office of Assistant Commissioner, Pattabiram, Tiruvallur District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.A.Nissar Ahmed, Advocate sr.no.67904 CRL.O.P.No.20839 of 2018 nr 16/10/2018 https://hcservices.ecourts.gov.in/hcservices/