Madras High CourtCRL OP/26071/2022disposed of

John Williams v. The State Rep By

2022-10-28Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.10.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.O.P.No.26071 of 2022 John Williams ... Petitioner Vs.

The State Rep. by The Sub Inspector of Police, R-6, Kumaran Nagar Police Station, Jaferkhanpet, Chennai 600 033.

... Respondent PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent not to harass the petitioner. For Petitioner : Mr.Amar D Pandiya For Respondent : Mr.S.Santhosh Government Advocate(Crl.side) 1/4

O R D E R

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

2. The learned counsel for the petitioner would submit that under the pretext of enquiry, the respondent police is unnecessarily harassing the petitioner.

3. The learned Government Advocate (Crl.Side) for the respondent police submitted that on receiving the complaint from the sister of the petitioner one Jeeliya with regard to property dispute, enquiry has been conducted in C.S.R.No.601 of 2022 and it is pending for further investigation since the petitioner was not cooperated for enquiry.

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 respondent.

5. Such being the position, it is for the Investigating Officer to issue 2/4

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 property dispute, the respondent 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.

6. With the above direction, this Criminal Original Petition is disposed of. 28.10.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order shk 3/4

V.SIVAGNANAM,J.

shk To 1.The Sub Inspector of Police, R-6, Kumaran Nagar Police Station, Jaferkhanpet, Chennai 600 033.

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

Crl.O.P.No.26071 of 2022 28.10.2022 4/4