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Madras High CourtCRL OP/29532/2024allowed

Joseph Muthukumar v. State Rep By

2024-11-25Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.29532 of 2024 Joseph Muthukumar ... Petitioner Vs.

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

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

3. Murugan

4. C.Sivakumar ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent police not to harass the petitioner based on the complaint made by the third and fourth respondents. For Petitioner : Mr.P.M.Jayachandran For R1 and R2 : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the second respondent police not to harass the petitioner based on the complaint made by the private respondents.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the official respondents and perused the materials available on record.

3. The allegations leveled as against the petitioner in the complaint itself is civil in nature. Time and again the Hon'ble Supreme Court has given directions that the police should not interfere with the civil dispute between the parties. The Police has no business to interfere with the civil dispute between the parties. The police ought not to harass the petitioner. The Police should not conduct "kattapanchayat"or act like a Kangaroo court in dealing with the civil dispute between the parties.

4. Hence, CSR filed by the respondent police as against the petitioner is hereby quashed. Further, both the parties are directed to work out their remedy before the civil Court. If the respondent police interferes with the civil dispute between the parties further, the petitioner is directed to file a fresh compliant before this Court as against the respondent police for taking action.

5. With the abovesaid direction, this Criminal Original Petition is allowed.

25.11.2024 mfa Index:Yes/No Speaking Order: Yes/No

To

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

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

3. The Public Prosecutor, High Court, Madras.

P.VELMURUGAN, J.

mfa Crl.O.P.No.29532 of 2024 25.11.2024