D.Jebamanickam, v. The Assistant Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 25.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.22813 of 2018 D.Jebamanickam

...Petitioner

Vs.

1.The Assistant Commissioner of Police, Maduravoyal, Chennai.

2.The Inspector of Police, Maduravoyal Police Station, Chennai.

3.Mr.Sivaiah

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing the respondents not to harass and not to disturb the petitioner and his family members. For Petitioner : Mr.S.Ramajayam For Respondent : M/s.M.Prabhavathi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondent Nos.1 and 2 not to harass the petitioner under the guise of enquiry based on the complaint given by the third respondent. 2.The learned counsel for the petitioner has submitted that due to civil dispute, the third respondent gave a false complaint before the second respondent and based on the same, the second respondent is unnecessarily harassing the petitioner. 3.The learned Public Prosecutor has submitted that the third respondent has lodged a complaint against the petitioner and only for enquiry purpose, the petitioner was called, but he was not subjected to any harassment.

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4.Considering the aforesaid submissions, the second respondent is directed to enquire the complaint and if the enquiry reveals any cognizable offence, he has to register a case and proceed in accordance with law. In case, the enquiry reveals only a civil dispute, he has to direct the third respondent to approach the Civil Court to get appropriate relief in accordance with law and instead of doing so, he should not unnecessarily harass the petitioner under the guise of enquiry. 5.With the aforesaid directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar vv2/vsa To 1.The Assistant Commissioner of Police, Maduravoyal, Chennai.

2.The Inspector of Police, Maduravoyal Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1 cc Mr.S.Ramajayam, Advocate, SR.No.67152 CRL.O.P.No.22813 of 2018 CSL/25.10.2018 https://hcservices.ecourts.gov.in/hcservices/