K.Munirathinam v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN 1.K.Munirathinam 2.Ranjitham ... Petitioners Vs.

1.The Superintendent of Police, Collectorate Campus, Kancheepuram District Kancheepuram-531 501 2.The Sub Inspector of Police, District Crime Branch, Collectorate, Kancheepuram, Kancheepuram-531 501.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the 2nd respondent police not to repeatedly summon calling over mobile phone or disturb the petitioners to the police station under the guise of enquiry on the false and frivolous complaint of B.Kulasekaran or otherwise, since the aspects of case is purely in civil nature and also further direct the 2nd respondent police not to harass, abuse or threaten the petitioners in any manner with regard to the aforesaid complaint.

For Petitioners : Mr.S.L.Sudarsanam For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner herein alleging that the 2nd respondent police is repeatedly calling over him through mobile phone and forcing to appear before him for enquiry on a false and frivolous complaint given by one Kulasekaran, which is otherwise the dispute civil in nature where the suit is pending in O.S.No.522 of 2007, before the District Munsif Court, Kancheepuram transferred to District Munsif Court, Sriperumbudur. 2.

The learned counsel appearing for the petitioner would submit that already an identical complaint was given by the same complainant in the year 2022. The petitioner participated in that enquiry and given detailed reply in writing. However after two years, again he has called over the phone and forced him to cancel the documents. 3.

The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that a complaint petition dated 11.06.2024 been received from one Kulasekaran. In this connection, the petitioner has to be enquired, so far no summons issued to him. The petitioner is required for enquiry to find out whether there is any 2/4

criminality made out as per the complaint. The police has no intention to force him to execute any document in favour of the complainant as alleged.

4.

Recording the statement of the learned Government Advocate (Crl.Side), this Criminal Original Petition is disposed of with the direction to the respondent police that if at all, the petitioner's presence required, they shall be summoned by issuing proper notice with sufficient time and shall not interfere if the dispute is purely civil in nature.

20.06.2024 Index : Yes/No rpl To 1.The Superintendent of Police, Collectorate Campus, Kancheepuram District Kancheepuram-531 501 2.The Sub Inspector of Police, District Crime Branch, Collectorate, Kancheepuram, Kancheepuram-531 501.

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Dr.G.JAYACHANDRAN,J.

pl 3.The Public Prosecutor, High Court of Madras, Chennai.

20.06.2024 4/4