T.R.Dinesh v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.23691 of 2021 T.R.Dinesh

...Petitioner

Versus

1.The Commissioner of Police, Vepery, Chennai - 600007.

2.State rep. By the Inspector of Police, T1, Ambattur Police Station, Ambattur, Chennai - 53.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent police officials not to harass the petitioner in connection with civil dispute of return of house advance amount bearing in the name of K.Priyanka.

For Petitioner :

Mr.T.Sundaravadanam For Respondents :

Mr.Raj Thilak Additional Public Prosecutor

O R D E R

This petition has been filed to direct the 2nd respondent police officials not to harass the petitioner in connection with civil dispute of return of house advance amount bearing in the name of K.Priyanka.

2. The grievance of the petitioner is that on the guise of the enquiry on the complaint of one R.Priyadharsini, the petitioner has been constantly harassed. On the contrary, the petitioner had lodged a complaint against the said R.Priyadharsini on 27.09.2021 and no action taken. So far the petitioner had appeared on four occasions before the respondent police and gave his explanation, despite the same harassment continues.

3. The learned Additional Public Prosecutor submitted that the petitioner's mother-in-law is none other than the paternal aunt of the the said R.Priyadharsini. The https://hcservices.ecourts.gov.in/hcservices/

late Balakrishnan and the petitioner's mother-in-law had 7 children, 5 female and 2 male. There is some dispute in sharing of the said Balakrishnan's property. Due to which there have been complaint and counter complaint. As regards the Priyadarshini, earlier she lodged a complaint on 18.09.2021 in which CSR No.1148 of 2021 assigned. When the petitioner was called for enquiry, he has not appeared.

4. Considering the submissions and on perusal of materials, it is seen that the dispute is within the legal heirs of Balakrishnan to get benefited and to enjoy his property.

5. On instructions, the learned counsel for the petitioner submitted that the petitioner will appear before the respondent police on 22.12.2021 without fail. The respondent police to record his explanation and thereafter to proceed with the case and not get involved in the family dispute and harass the petitioner. It is also reminded that the petitioner had also sent a representation dated 27.09.2021 and the same is to be considered.

6. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar dna/mpl To 1.The Commissioner of Police, Vepery, Chennai - 600007.

2.The Inspector of Police, T1, Ambattur Police Station, Ambattur, Chennai - 53.

3.The Public Prosecutor High Court, Madras.

+1cc to Mr.Sundaravadanam, Advocate SR. No.67216 Crl.O.P.No.23691 of 2021 MG (CO) PR (30/12/2021) https://hcservices.ecourts.gov.in/hcservices/