K.Thangavel @ Periyasamy, v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.22275 of 2018 1.K.Thangavel @ Periyasamy 2.Marimuthu 3.Seerangan 4.Poongodi 5.Anandayi 6.Periyasamy

...Petitioners

Vs.

1.The Superintendent of Police, Nammakal District.

2.The Deputy Superintendent of Police, Thiruchengodu.

Nammakal District.

3.The Inspector of Police, Molasi Police Station, Nammakal District.

4.Vijayakumar 5.Sathyamoorthy

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police not to harass and not to disturb the petitioners and their family members.

For Petitioners :Mr.S.Ramajayam For R1 to R3 :M/s.M.Prabhavathi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the third respondent not to harass the petitioners under the guise of enquiry.

2.The learned counsel for the petitioners has submitted that due to civil dispute, the respondent Nos.4 and 5 have lodged a false complaint before the third respondent and based on the same, the third respondent is unnecessarily harassing the petitioners.

3. The learned Additional Public Prosecutor has submitted that the respondent Nos.4 and 5 have lodged a complaint against the petitioners herein with regard to some properties belonging to Jameen family and only for enquiry purpose, the petitioners were called upon and they were not subjected to any harassment.

4.Considering the aforesaid submissions, the third respondent is directed to enquire the said complaint and and if the enquiry reveals any cognizable offence, he has to register a case and proceed in accordance with law. In case, the enquiry reveals only a civil dispute, he has to direct the defacto complainant to approach the civil Court and get appropriate relief in accordance with law and instead of doing so, he should not unnecessarily harass the petitioners.

5.With the aforesaid directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar vsa To 1.The Superintendent of Police, Nammakal District.

2.The Deputy Superintendent of Police, Thiruchengodu.

Nammakal District.

3.The Inspector of Police, Molasi Police Station, Nammakal District.

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

+1cc to Mr.S.Ramajayam, Advocate Sr.64501 CRL.O.P.No.22275 of 2018 srg 16/10/2018