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Madras High CourtWP/7864/2021allowed

Rajak v. State Rep By The Superintedent Of Police

2021-03-29Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.03.2021

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.7864 of 2021 Rajak .. Petitioner Vs.

1.State rep. by The Superintendent of Police, Kancheepuram District.

2.The Sub-Inspector of Police, District Crime Branch, Kanchipuram.

(Crime No.not known 2021) .. Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing the 2nd respondent police not to harass the petitioner in the name of interrogation without following due process of law based on the petitioner's representation dated 13.03.2021 to the respondent and to pass orders.

For Petitioner :Mr.Jothisivam For Respondents:Mr.C.Raghavan, Government Advocate

ORDER

This writ petition has been filed seeking Writ of Mandamus, directing the 2nd respondent police not to harass the petitioner in the name of interrogation without following due process of law.

2. Heard Mr.Jothisivam, learned counsel appearing on behalf of the petitioner and Mr.C.Raghavan, learned Government Advocate appearing on behalf of the respondents.

3. The matter pertains to a property dispute between the parties. This matter cannot be enquired by the police. Hence, the respondents 1 and 2 are directed to not to harass the petitioner in the name of enquiry and the parties shall be relegated before the appropriate Civil Court. https://hcservices.ecourts.gov.in/hcservices/

4.Accordingly, this writ petition is allowed. s/d- Assistant Registrar True Copy Sub-Assistant Registrar rm To 1.The Superintendent of Police, Kancheepuram District.

2.The Sub-Inspector of Police, District Crime Branch, Kanchipuram.

3.The Public Prosecutor, High Court, Madras.

+1 CC to Mr. Jothisivam, Advocate sr 20251.

W.P.No.7864 of 2021 SSN(CO) SP(26/05/2021) https://hcservices.ecourts.gov.in/hcservices/