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Madras High CourtCRL OP/22177/2018disposed of

S.Thirunavukarsu, M/A 41 Yrs, v. The Superintendent Of Police,

2018-09-14Honourable Mr Justice P. Rajamanickam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:14.09.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.22177 of 2018 S.Thirunavukarsu ..Petitioner Vs 1.The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

2.The Deputy Superintendent of Police, (Land Grabbing Cell) Thiruvannamalai District, Thiruvannamalai.

3.The Inspector of Police, Cheyyar Police Station, Thiruvannamalai District.

..Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to issue a direction to the respondents herein not to harass the petitioner.

For Petitioner : Mr.N.Balaji For Respondents : Mr.C.Raghavan Government Advocate(Crl.Side)

ORDER

This petition has been filed by the petitioner to direct the respondents herein not to harass the petitioner under the guise of enquiry.

2.The learned counsel for the petitioner has submitted that the petitioner has purchased property from one T.P.Radhakrishnan and his sons and daughters. He further submitted that the said T.P.Radhakrishnan got property under the Partition Deed on 17.08.2009.

3.He further submitted that one J.Chithra claiming to be

the daughter of T.P.Radhakrishnan born through his 1st wife, attempted to trespass into the property and also gave a false complaint against the petitioner and based on the said complaint, the second respondent is harassing the petitioner. He further submitted that the disputes are civil in nature, in which the second respondent should not have interfered. 4.The learned Government Advocate(Criminal Side) has submitted that one J.Chithra has lodged a complaint on 23.07.2018 against the petitioner stating that she is also having right over the property and without getting signature from her, the petitioner herein has purchased the property from some other family members and petitioner was called upon only for enquiry purpose and he was not subjected to any harassment. 5.

Considering the above submissions, the second respondent is directed to verify the complaint and if the said complaint discloses any cognizable offence, he has to register the case and proceed in accordance with law. In case the complaint does not disclose any cognizable offence, he has to direct the complainant to approach the Civil Court and get appropriate relief. Instead of doing so, he should not unnecessarily harass the petitioner.

6. With the aforesaid observations, this petition is disposed of.

Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar ggi/ebsi To 1.The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

2.The Deputy Superintendent of Police, (Land Grabbing Cell) Thiruvannamalai District, Thiruvannamalai.

3.The Inspector of Police,

Cheyyar Police Station, Thiruvannamalai District.

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

Crl.O.P.No.22177 of 2018 RSY(CO) GMY(08/11/2018)