K.Govardhum v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Govardhun ... Petitioner Vs.

1.The Superintendent of Police, Kanchipuram District, Kanchipuram.

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

... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS Act, pleased to direct the 2nd respondent not to harass the petitioner except due process of law.

For Petitioner : Mr.J.Arunkumar For Intervenor : Mr.G.v.Sridharan For Respondents : Mr.S.Udayakumar Government Advocate (Crl.Side)

O R D E R

One Subashini has given a complaint against the petitioner herein in respect of power of attorney deed of family property. 1/4

2.

The Power of Attorney alleged to have been executed in the year 2004. The respondent police therefore, to ascertain whether at all any commission of cognizable offence made out on the complaint given by Subashini, had summoned both the complainant and the petitioner herein to appear on 26.08.2024. However, none appeared before the respondent police. The petitioner is before this Court stating that the respondent police is trying to interfere in the civil dispute between brother and sister.

3.

One Mr.Sridharan, claiming to be the counsel for the defacto complainant intervened and submits that there is a cognizable offence made out on the complaint given by Subashini and therefore, police has to investigate the case.

4.

However, on reading of the complaint and the nature of the dispute, this Court finds that it is a purely civil dispute in the property left by the parents of the defacto complainant and the petitioner and therefore, the police shall not harass the petitioner herein under the guise of enquiry in the civil dispute. Hence this Criminal Original Petition is 2/4

disposed of.

27.08.2024 rpl To 1.The Superintendent of Police, Kanchipuram District, Kanchipuram.

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

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

Dr.G.JAYACHANDRAN,J.

rpl 3/4

27.08.2024 4/4