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Madras High CourtCRL OP/25858/2023disposed of

S.Arul v. The Commissioner Of Police,

2023-11-10Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

1. S. Arul

2. S. Muruganandham

3. S. Jayavel ... Petitioners Vs.

1. The Commissioner of Police, Tambaram Range, Tambaram, Chennai -45.

2. The Assistant Commissioner of Police, Tambaram Range, Tambaram, Chennai -45.

3. The Inspector of Police, S11, Law and Order Police Station, Tambaram, Chennai -45.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the Respondents 1 and 2 not to harass the petitioners 1 to 3 in the guise of investigation. For Petitioners : Mr.R.Srinivas ( Senior Counsel) For Respondents : Mr.S.Udaya Kumar Government Advocate (Criminal Side) 1/4

O R D E R

Petition is filed seeking direction to the respondent police not to harass the petitioner under the guise of investigation.

2. According to the learned Senior Counsel for the petitioners, the property left behind by the father of the petitioners been shared equally by the petitioners after the demise of the father and the demise of the mother, who is the legal heir. This happened in the year 2015. In the year 2023, they jointly sold the property. While so, the divorced wife of the first petitioner has filed the complaint as if certain documents were forged. Under the guise of investigations, petitioners are called for enquiry and harassed.

3. The learned Government Advocate (Crl. Side) submitted that, based on the complaint given by the 3rd respondent, summons were issued to all the petitioners. However, only first petitioner appeared for enquiry and other two petitioners did not appear for enquiry. If other two petitioners appear and produce documents and gives statements, the Investigation Officer shall consider the nature of the case and if it is civil in nature, same will be closed.

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4. In view of the above undertaking given by the learned Government Advocate (Crl. Side), this Court is of the view that, no further order is required in this petition.

5. Accordingly, this Criminal Original Petition is disposed of. 10.11.2023 Index : Yes/No Sma To

1. The Commissioner of Police, Tambaram Range, Tambaram, Chennai -45.

2. The Assistant Commissioner of Police, Tambaram Range, Tambaram, Chennai -45.

3. The Inspector of Police, S11, Law and Order Police Station, Tambaram, Chennai -45.

4. The Public Prosecutor, Madras High Court.

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Dr.G.JAYACHANDRAN,J.

Sma 10.11.2023 4/4