Rajan.M. v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.15371 of 2021 M.Rajan ... Petitioner

Versus

1. The Inspector of Police, Tirupur North Police Station, Valipalayam, Tirupur - 641 602.

2. The Commissioner of Police Sirupooluvapatti, Tirupur - 641 687.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct respondents not to harass the petitioner or any of his family members.

For Petitioner : M/s.D.Prasanna For Respondents : Mr.A.Damodaran, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed not to harass the petitioner.

2. The learned counsel for the petitioner would submit that there is some dispute with the tenant Suresh Kumar, who had given a false complaint against the petitioner. The respondent police, without verifying the same, calling the petitioner at odd hours, thereby causing harassment.

3. The learned Government Advocate (crl.side) would https://hcservices.ecourts.gov.in/hcservices/

submit that the petitioner and the said Suresh Kumar joined together and bought a property in an auction. Thereafter, contrary to the promise and undertaking given by the petitioner, the petitioner is attempting to retain the property on his own. Earlier the petitioner using his force had threatened the counter petitioner and caused damages, for which, a case in Crime No.1383 of 2021 for the offence under Section 371, 427 and 506(ii) IPC has been registered. The petitioner has been called for enquiry only for the purpose of enquiry, which cannot be termed as harassment.

4. This Court considered the submissions made on either side and perused the materials available on records carefully.

5. Considering the fact that a case in Crime No.1383 of 2021 has been registered against the petitioner, this court finds that calling for the petitioner for enquiry cannot be termed as an harassment and hence this Criminal Original Petition is liable to be dismissed.

6.Accordingly, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar mrp To

1. The Inspector of Police, Tirupur North Police Station, Valipalayam, Tirupur - 641 602.

2. The Commissioner of Police Sirupooluvapatti, Tirupur - 641 687.

3. The Public Prosecutor, High Court, Madras.

+1cc to M/s.D.Prasanna, Advocate, S.R.No.44438 CRL.O.P.No.15371 of 2021 LN(CO) SB(04/10/2021) https://hcservices.ecourts.gov.in/hcservices/