R.Venkatesh v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.24948 of 2021 R. Venkatesh

...Petitioner

Versus

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

2.The Inspector of Police, Bagalur Police Station, Hosur Taluk, Krishnagiri District.

...Respondents

PRAYER: Criminal Original Petition has been 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.V.Priyanka for M/s.R.S.Maitreya For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This criminal original petition has been filed to direct the Second respondent not to harass the petitioner. 2.The grievance of the petitioner is that the respondent police under the guise of enquiry called the petitioner and harassed him. The petitioner submits that the petitioner's father Ramaiah and one Kempamma purchased the property in S.No.180 to an extent of 2.89 Acres, S.No.181 to an extent of 1.1.6 Acres and S.No.179/2B1 to an extent of 0.67.0 Hectare situated at Kannimangalam Village, Hosur Taluk, Krishnagiri District. The said Kempamma executed a Will in favour of the petitioner's father and after the demise of the said Kempamma, the petitioner's father became the absolute owner of the property.

Thereafter, a settlement deed bearing Doc.No.14674/2014 dated 17.10.2014 was executed in favour of the petitioner and the same was registered on the file of SRO, Hosur. The petitioner is entitled to 1/6th share in the property. This being so, one Umadevi and Vijayalakshmi https://hcservices.ecourts.gov.in/hcservices/

threatened him and lodged a false complaint against the petitioner to disturb their peaceful possession and enjoyment of the properties. The petitioner filed a Civil Suit in O.S.No.350 of 2018, which is pending before the Additional Sub-Court, Hosur. Thereafter, the Civil Court by judgment dated 04.11.2020 in O.S.No.350 of 2018 confirmed the petitioner's right. Suppressing the same, complaint has been lodged against the petitioner. The respondent police, without verifying the facts, harassed the petitioner. Hence, the above petition.

3.The learned Additional Public Prosecutor submits that on the complaint of one Nagaraj, the petitioner was called for an enquiry.

4.In view of the same, the petitioner is directed to appear before the respondent police on 20.01.2022 along with the copy of the supporting documents and give his explanation. Thereafter, the respondent police is directed to enquire and proceed in accordance with law.

5. In view of the same, the criminal original petition is disposed of.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar sms To 1.The Superintendent of Police, Krishnagiri District, Krishnagiri.

2.The Inspector of Police, Bagalur Police Station, Hosur Taluk, Krishnagiri District.

3.The Public Prosecutor, High Court, Madras.

+1cc to M/s.R.S.Maitreya, Advocate SR. No.69373 CRL.O.P.No.24948 of 2021 KSM (CO) PR (10/02/2022) https://hcservices.ecourts.gov.in/hcservices/