K.Radhakrishnan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN M.Radhakrishnan ... Petitioner Vs.

1.The Commissioner of Police, Salem District, Salem.

2.The Inspector of Polie, Hasthampatti Police Station, Salem.

3.The Sub Inspector of Police, C-2, Hasthampatti Police Station, Salem District, Salem.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the 1st respondent herein not to harass the petitioner in any manner except by due process of law pursuant to the representation dated 22.03.2024.

For Petitioner : Mr.M.Dinesh For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/4

ORDER

The petitioner herein who have entered in the premises, as a tenant alleging that he has purchased the property and had demolished the portion of the property. Hence the landlord has given a complaint on 22.03.2024. When the police has called the petitioner for enquiry, the petitioner has appeared and informed that he has filed a suit in O.S.No.187 of 2024, before the Court, Salem and also promise to bring all the necessary documents, but had not turned up for enquiry. He had rushed this Court by filing a petition under Section 482 Cr.P.C., alleging that the police should not harass him except due process of law. 2.

So far from the materials available, this Court finds that the police has adopted due process of law and called the petitioner herein to produce the document under what authority has demolished the property of other person. Without producing the document to satisfy the Enquiry Officer, the petitioner has approached this Court invoking Section 482 of Crl.P.C., and also an attempt is made to give civil colour to the criminal act of demolishing the property of others.

3.

This Court finds no merit in this petition, hence this 2/4

Criminal Original Petition is dismissed.

08.04.2024 Index : Yes/No rpl To 1.The Commissioner of Police, Salem District, Salem.

2.The Inspector of Polie, Hasthampatti Police Station, Salem.

3.The Sub Inspector of Police, C-2, Hasthampatti Police Station, Salem District, Salem.

4.The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

rpl 3/4

08.04.2024 4/4