Raji, A/61, v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.No.2546 of 2017 1.Raji 2.Kuttachi 3.C.Ranganathan 4.C.Gopal ... Petitioners Vs 1.The Inspector of Police, Pochampalli Police Station, Pochampalli, 2.The Deputy Superintendent of Police, Bargur, 3.The Superintendent of Police, Krishnagiri, ... Respondents Petition filed under Section 482 of the Criminal Procedure Code, to direct the respondents 1 and 2 not to harass the petitioners and their family members and interfere in the civil dispute being the subject matter of the suit in O.S.No.201 of 2014 on the file of the Sub Court, Uthangarai. For Petitioners: Mr.P.Mani For Respondents: Mr.C.Emalias, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to respondents 1 and 2 not to harass the petitioners and their family members and not to interfere with the civil dispute, which is the subject matter of the suit in O.S.No.201 of 2014 on the file of the Sub Court, Uthangarai.

2. The case of the petitioners is that they have already filed a suit in O.S.No.142 of 2007 on the file of the Sub Court, Krishnagiri against one Madhan and others including the Government officials, for partition, separate possession and permanent injunction and the same was later on, transferred to the file of the Sub Court, Uthangarai and renumbered as O.S.No.201 of 2014, which is pending adjudication. While so, on 20.10.2016, the said Madhan along with his supporters and henchmen attempted to take possession of the land, which is subject matter of the said suit. The respondents 1 and 2 have also threatened the petitioners to vacate the land by foisting a false case against them. In this regard, the petitioners have submitted a representation to the third respondent as well as to the District Collector, Krishnagiri on 11.11.2016. Since no action was taken on the said representation, they have approached this Court with the present petition for the above stated relief.

3. Learned Additional Public Prosecutor, on instructions, submitted that there was no harassment caused by the respondents, as alleged by the petitioners. Learned Additional Public Prosecutor further submitted that the petitioners are not required for any enquiry, since no case is pending against them.

4. Recording the said submission made by the learned Additional Public Prosecutor, the respondents are directed not to harass the petitioners and their family members unnecessarily under the guise of enquiry. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rk To 1.The Inspector of Police, Pochampalli Police Station, Pochampalli, 2.The Deputy Superintendent of Police, Bargur,

3.The Superintendent of Police, Krishnagiri, 4.The Public Prosecutor, Madras High Court, Chennai-600 104.

+1cc to Mr.P.Mani, Advocate Sr.8046 Crl.O.P.No.2546 of 2017 lrs[co] srg 28/02/2017