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Madras High CourtCRL OP/21440/2021disposed of

R.Kumaravel v. Superintendent Of Police

2021-12-02Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12..2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR R.Kumaravel ... Petitioner

Versus

1.The Superintendent of Police, Krishnagiri District Krishnagiri.

2. The Inspector of Police, District Crime Branch, Krishnagiri District, Krishnagiri.

3. Pachipala Lakshmi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent not to harass the petitioner by appreciating the facts and circumstances of the case. For Petitioner :

Ms.B.Kavya for Mr.R.Jayaprakash For Respondents :

Mr.E.Raj Thilak Government Advocate(crl.side) Page No.1 of 4

O R D E R

This Criminal Original Petition has been filed to direct the 2nd Respondent not to harass the petitioner by appreciating the facts and circumstances of the case.

2. The grievance of the petitioner is that he had entered into sale agreement with the third respondent for sale of 0.96 cents of land belonging to the petitioner, out of which sale deed for only 8 cents was executed and for balance of 0.08 cents, Sale deed was not executed for the reason that the third respondent has not paid the sale consideration and when the same was insisted by the petitioner, the third respondent had given false complaint against the petitioner and under the guise of enquiry the second respondent is harassing the petitioner.

3. The learned Additional Public Prosecutor submitted that earlier in the year 2020, a complaint was lodged against the petitioner for which enquiry was conducted. He further submitted that the petitioner and the third respondent appeared for enquiry on 21.02.2021 and 16.03.2021 and given an undertaking that they will settle the dispute amicably between and recording the same, the complaint was closed and now the Page No.2 of 4

third respondent has lodged a complaint to the first respondent which was forwarded to the second respondent and the same is pending enquiry in C.No.75 of 2021, for which the petitioner was called for enquiry. He further submitted that the same cannot be treated as harassment.

4. In view of the submissions made by the learned counsel appearing on either side, the petitioner shall appear before the second respondent police on 09.12.2021, along with required documents to give explanation and thereafter second respondent shall conduct the enquiry and act in accordance with law.

5.This Criminal Original Petition is disposed of accordingly. 02.12.2021 Index: Yes/No Internet: Yes/No arr Note: Issue order copy by 03.12.2021 Page No.3 of 4

M.NIRMAL KUMAR, J.

arr To:

1.The Superintendent of Police, Krishnagiri District Krishnagiri.

2. The Inspector of Police, District Crime Branch, Krishnagiri District, Krishnagiri.

3.The Public Prosecutor, High Court, Madras.

02.12.2021 Page No.4 of 4