T.S.Rajamani v. The Assistant Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2015

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.29368 of 2015 T.S.Rajamani ... Petitioner Vs.

1.State rep. by the, Assistant Commissioner of Police, Law & Order (East) Singanallur Police Station Coimbatore - 641 005.

2.The Inspector of Police, B-5, Singanallur Police Station (Law & Order) Coimbatore - 641 005.

... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondents herein to not to harass the petitioner herein. For Petitioner : Mr.I.Abrar Md Abdullah For Respondents: Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition is filed for a direction to the respondents herein to not to harass the petitioner herein. 2.In the petition it is stated that there was a civil dispute between the petitioner and one M.Viswanathan. Hence, the petitioner approached the civil court in O.S.No.1524 of 2015 on the file of the II Additional Subordinate Judge, Coimbatore for the relief of permanent injunction and also obtained an order of ad-interim injunction against the said M.Viswanathan not to disturb the petitioner's peaceful possession and enjoyment of his property. Hence, the said M.Viswanathan approached the respondents and the respondents are pressurizing the petitioner to submit to their illegal demands. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel appearing for the petitioner submitted that the respondent police are calling the petitioner frequently under the guise of enquiry and harassing the petitioner and prayed for appropriate orders.

4.The learned Additional Public Prosecutor submitted that since a complaint is pending with the respondent police, they are calling the petitioner for enquiry and further submitted that the petitioner may be directed to cooperate for the enquiry. 5.In view of the submissions made on either side, this Court is constrained to pass the following order:

1. The petitioner is directed to cooperate with the enquiry.

2. The respondent police is directed to conduct the enquiry in accordance with law, without harassing the petitioner.

3. In the event, the respondent police coming to the conclusion that the matter is of purely civil in nature, they can pass appropriate order in the said complaint.

6. The criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar pri To 1.The Assistant Commissioner of Police, Law & Order (East) Singanallur Police Station Coimbatore - 641 005.

2.The Inspector of Police, B-5, Singanallur Police Station (Law & Order) Coimbatore - 641 005.

3.The Public Prosecutor High Court, Madras.

+ 1 cc to M/s. I. Abrar Md Abdullah, Advocate SR.67778 Crl.O.P.No.29368 of 2015 KGK(CO) EU 30.12.15 https://hcservices.ecourts.gov.in/hcservices/