P.E.Anbazhagan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28312 of 2015 P.E.Anbazhagan ... Petitioner Vs 1.The Superintendent of Police, Thiruvallur, Thiruvallur District.

2. The Deputy Superintendent of Police, Ponneri, Ponneri-601 204.

Thiruvallur District.

3. The Inspector of Police, E-3 Minjur Police Station, Minjur-601 203, Thiruvallur District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the first and second respondent to interfere in the unlawful attitude of the third respondent doing katta panchayat in the civil and family dispute and doing favour to one side and instruct the third respondent not to harass and threaten.

For Petitioner :

Mr.M.Jagan For respondents :

Mr.C.Emalias, Addl.Public Prosecutor.

O R D E R

The present criminal original petition has been filed seeking a direction to the first and second respondent to interfere in the unlawful attitude of the third respondent doing katta panchayat in the civil and family dispute and doing favour to one side and also to instruct the third respondent not to harass and threaten.

2. The petitioner is working as a Quality Inspector in a reputed company. In the year 1983, he got married and he had three children, Priya, Kalayarasi and Suresh Kumar. On

15.11.2015 at about 10.00 am, the third respondent contacted the petitioner's mobile No.9710031226 from the mobile No.9840191030 and asked him to appear for an enquiry. Since there was a dispute between the petitioner's son and his wife, the petitioner enquired with the daugher-in-law, whether they lodged any complaint against his son. Thereafter, the third respondent conducted a katta panchayat compelling the petitioner to execute document in favour of his son and daughters. The petitioner was further threatened that if he did not act accordingly, a false case would be filed against him. Hence, the petitioner has come forward with the present petition.

3. When the matter came up for hearing, the learned Additional Public Prosecutor submitted that the complaint given by the petitioner is pending in CSR No.436 of 2015. He has also produced the complaint given by the petitioner's son, Suresh Kumar in which he had stated that he has seen his wife and the petitioner herein in a compromising position. When this was questioned, they drove him out of the house and scolded him in filthy language. Hence, he along with his sister Priya lodged a complaint on 12.11.2015. In view of the said complaint, the petitioner was called for enquiry. Absolutely, there is no intention on the part of the respondent police to compel the petitioner to execute any property in favour of his son nor to register any false case against the petitioner.

4. This Court heard the submissions of the learned counsel for the petitioner and the learned Additional Public Prosecutor and also gone through the entire materials on record, particularly, the complaint given by the son of the petitioner along with his sister.

5. This Court finds force in the submission made by the learned Additional Public Prosecutor. Hence, this Court is not inclined to entertain this petition and the same is dismissed. The petitioner is directed to co-operate with the enquiry. sd/ ASSISTANT REGISTRAR(CS-V) /TRUE COPY/ SUB-ASSISTANT REGISTRAR kua

To 1.The Superintendent of Police, Thiruvallur, Thiruvallur District.

2. The Deputy Superintendent of Police, Ponneri, Ponneri-601 204.

Thiruvallur District.

3. The Inspector of Police, E-3 Minjur Police Station, Minjur-601 203, Thiruvallur District.

4.The Public Prosecutor, High Court, Madras.

+1 CC to MR.M.Jagan Advocate. SR.NO.64359 Crl.O.P.No.28312 of 2015 CO-RSI JD 14/12/2015