← Library
Madras High CourtCRL OP/22609/2024disposed of

Kanchana v. The Supeintendent Of Police,

2024-09-13Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Kanchana ... Petitioner Vs.

1.The Superintendent of Police, Erode District.

2.State by The Inspector of Police, District Crime Branch, Erode District.

(Crime No.Not known of 2024) 3.S.Rajagopal ... Respondents Prayer: Criminal Original Petition is filed under Section 528 BNSS, pleased to direct the 1 & 2 respondents police not to harass the petitioner under the guise of enquiry.

For Petitioner : Mr.M.Ranjith Kumar For R1 & R2 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed for protection from police harassment.

2.

The learned counsel appearing for the petitioner states that 1/4

regarding the property measuring 1.19 Acre (one acre and nineteen cents) and building, thereupon the 3rd respondent has already instituted a suit in the year 2016 and the same is pending in O.S.No.116 of 2016, on the file of the District Munsif Court, Gobichettipalayam. Suppressing the said fact, the 3rd respondent also gave a complaint to Gobichettipalayam police station which was enquired and closed thereupon. The same set of facts, the complaint is given to the District Crime Branch, for which, the petitioner been summoned for enquiry unmindful of fact the dispute is purely civil in nature and same has been seized of by civil Court. 3.

The learned Government Advocate (Crl.Side) appearing for the respondent police states that on the complaint given by the 3rd respondent, matter has been enquired. On summons, the petitioner appeared and produced certain documents on 03.09.2024 and agreed to produce remaining the documents. On perusal of the documents produced by the petitioner, appropriate action taken by the respondent police on the 3rd complaint.

4.

Recording the submission of the learned Government Advocate (Crl.Side), this Criminal Original Petition is disposed of . The 2/4

respondent police shall proceed based on the documents produced by petitioner herein, who substantiate her case that the dispute is purely civil in nature.

13.09.2024 Index : Yes/No rpl To 1.The Superintendent of Police, Erode District.

2.The Inspector of Police, District Crime Branch, Erode District.

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

Dr.G.JAYACHANDRAN,J.

rpl 3/4

13.09.2024 4/4