Kasiamma v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.02.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.4884 of 2019 1.Kasiamma 2.Kuppu .. Petitioners Vs.

1.The Superintendent of Police Vellore District 2.The Inspector of Police Latheri Police Station Vellore District .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents to not to harass the petitioners.

For Petitioners : Mr.B.K.Girish Neelakantan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed by the petitioner under Section 482 Cr.P.C., to direct the respondents not to harass the petitioner herein unnecessarily any longer in future on the pretext of some enquiry.

2.The learned counsel appearing for the petitioner would submit that with an intention to grab the petitioner's property, the police officials compelled him to vacate the property and hand over the possession and original documents of the property to one K.Jayalakshmi. When the petitioner refused to hand over the original documents and vacate possession of the property, the police officials compelled and threatened the petitioner to hand over the property to the said person or the second respondent will lodge a false case against the petitioner and his family members. Therefore the police officials unnecessarily harassed the petitioners under the guise of enquiry.

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3.It is seen that the petitioner called for an enquiry in connection with the property. Therefore, the police officials have no power to interfere with the property between the petitioner and the third party. Considering the facts and circumstances, the second respondent is directed not to harass the petitioner in this regard, when the petitioner is not an accused in any of the crime registered with the second respondent.

4.With the above direction, this Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(CS vi) //True Copy// Sub Assistant Registrar lpp/vsn To 1.The Superintendent of Police Vellore District 2.The Inspector of Police Latheri Police Station Vellore District 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr. B.K.Girish Neelakantan , Advocate SR.No. 1652 Crl.O.P.No. 4884 of 2019 mg (CO) A.SK(15/04/2019) https://hcservices.ecourts.gov.in/hcservices/