Madras High CourtCRL OP/24174/2015closed

S.Linga Athithan v. State Rep. By

2015-10-12Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.24174 of 2015 S.Linga Athithan ... Petitioner Vs State rep by The Inspector of Police, J-7, Velachery Police Station, Chennai Crime No.Not known of 2015 ... Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C.,praying to direct the respondent not to harass the petitioner in Crime No.Not known of 2015 on the file of the respondent police on the same day.

For Petitioner : Mr.D.Sai Kumaran For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed for a direction directing the respondent not to harass the petitioner in Crime No. not known of 2015 on the file of the respondent police on the same day.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. It is seen that one Ashok Raj was the tenant under this petitioner and after a prolonged litigation in the Rent Control Court and High Court, the petitioner succeeded in evicting the said Ashok Raj on a due process of law. Now the said Ashok Raj has lodged a false complaint against this https://hcservices.ecourts.gov.in/hcservices/

petitioner making allegations that the petitioner has called him by his caste name.

4. In view of the above, the respondent police is directed not to harass the petitioner, bearing in mind the previous litigation between the parties and conduct enquiry with the petitioner. The petitioner shall cooperate in the enquiry. During the course of enquiry, if any cognizable offence is made out, the respondent police is free to register an FIR and this order shall not be a shield for the petitioner against arrest.

5. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar msr To

1. The Inspector of Police, J-7, Velachery Police Station, Chennai

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.Saikumaran, Advocate, S.R.No.56093 Crl.O.P.No.24174 of 2015 KSJ(CO) CA(26/10/2015) https://hcservices.ecourts.gov.in/hcservices/