Mohamed Sulthan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Mohamed Sulthan ... Petitioner Vs.

The Inspector of Police, Mayiladuthurai Town, Mayiladuthurai District Crime No.Not Known ... Respondent Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C.,/ 528 BNSS, pleased to issue direction not to harass the petitioner under the guise of investigation and inquiry.

For Petitioner : Mr.M.Marimahesh For Respondent : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

Dispute between the landlord and tenant has led to registration of C.S.R.No.1271 of 2024, on the complaint given by the landlord on 19.08.2024. The petitioner herein who is the tenant has given an online complaint on the next day i.e., on 20.08.2024. It appears that to enquire 1/4

the complaint, the petitioner was called by the respondent police. Accordingly, the petitioner has also appeared before the respondent police on 27.08.2024. The present petition is filed stating that under the guise of investigating the complaint, the police is frequently visiting the house of the petitioner and disturbed them.

2.

However, the learned Government Advocate (Crl.Side) appearing for the respondent police states that the complaint of theft by the landlord and damage to the auto by the petitioner herein are the subject matter of the enquriy. Without participate in the enquriy, the petitioner has come before this Court alleging that the police is harassing him. The respondent police has not harassed the petitioner as alleged and has called him to participate in the enquiry on the complaint given by him as well as the complaint given against him. Instead of participate in the enquiry, the petitioner seeks protection.

3.

This Court is of the view that, the petitioner is bound to participate in the enquiry and put forth his case as against the landlord which is reflected in his complaint dated 20.08.2024 and also explain the allegations made against him by his landlord. Therefore, this Criminal 2/4

Original Petition is disposed of with direction that the respondent police shall cause notice to the petitioner and enquire the complaint and counter complaint in accordance with law and proceed. 03.09.2024 Index : Yes/No rpl To 1.The Inspector of Police, Mayiladuthurai Town, Mayiladuthurai District 2.The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

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