M.Bharathi @ M.Padmanaban v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM M.Bharathi @ M.Padmanaban ... Petitioner Vs.

State Represented by 1.The Superintendent of Police, Tiruvallur District.

2.The Inspector of Police, Kanakamma Chatram Police Station, Tiruvallur District.

... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the second respondent not to harass the petitioner. For Petitioner : Mr.K.Balasubramaniam For Respondents : Mr.S.Santhosh, Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent not to harass the petitioner.

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2. The learned counsel appearing for the petitioner submitted that the second respondent police is unnecessarily harassing the petitioner under the guise of enquiry.

3. The learned Government Advocate (Crl.Side) appearing for the respondents submitted that on receiving the complaint from one Jayakumar against the petitioner with regard to land dispute, enquiry has been conducted in C.S.R.No.445 of 2022 and it is pending for further investigation.

4. I have considered the matter in the light of the submissions made by the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents.

5. Such being the position, it is for the Investigating Officer to issue appropriate notice under Section 41-A of Cr.P.C to both the parties for enquiry and on such notice, both parties shall appear for enquiry and co-operate with the investigation. During the course of investigation, if it is found to be civil dispute, the respondents police shall relegate the parties to the Civil Court. Such exercise shall be completed within a period of one week from the date of receipt of a copy of this order.

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

17.10.2022 Internet:Yes/No Index:Yes/No Speaking/Non speaking order shk To 1.The Superintendent of Police, Tiruvallur District.

2.The Inspector of Police, Kanakamma Chatram Police Station, Tiruvallur District.

3. The Public Prosecutor, High Court of Madras.

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V.SIVAGNANAM ,J.

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