← Library
Madras High CourtCRL OP/26531/2018disposed of

A.Sagayaraj v. The Superintendent Of Police

2018-11-15Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15/11/2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.26531 of 2018 A.Sagayaraj ... Petitioner Vs.

1.The Superintendent of Police, Office of the District Superintendent of Police, Coimbatore (Rural) District, Coimbatore.

2.The Deputy Superintendent of Police, Karumathampatti, Coimbatore.

3.The Inspector of Police, Sulur Police Station, Coimbatore.

4.The Sub-Inspector of Police, Sulur Police Station, Coimbatore.

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents not to harass the petitioner compelling him to accept the police station mediation on the petitioner's civil rights to the property in O.S.No.61 of 2018. For Petitioner : Mr.Samy Chinnapillai For Respondents : Mr.M.Mohamed Riyaz Addl. Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the respondent Police not to harass the petitioner.

2. The learned counsel for the petitioner would submit that there is a property dispute pending and the petitioner is repeatedly called for enquiry by the respondent Police. The petitioner has also attended the enquiry regularly. The learned

counsel has also brought to the notice of this Court, various summons that were issued by the respondent Police to the petitioner right from the year 2017.

3. The scope of enquiry conducted by the respondent Police should be confined to the directions given by the Hon'ble Supreme Court in Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353 and the respondent Police cannot keep the matter pending at the stage of enquiry for a very long time. The respondent Police also cannot call the persons for enquiry repeatedly and harass them.

4. In the facts and circumstances of the case, the respondent Police is directed to complete the enquiry insofar as this petitioner is concerned within a period of one week and thereafter take action in accordance with law. It is made clear that the petitioner shall not be harassed in the name of enquiry.

5. This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar kal To 1.The Superintendent of Police, Office of the District Superintendent of Police, Coimbatore (Rural) District, Coimbatore.

2.The Deputy Superintendent of Police, Karumathampatti, Coimbatore.

3.The Inspector of Police, Sulur Police Station, Coimbatore.

4.The Sub-Inspector of Police, Sulur Police Station, Coimbatore.

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

+1cc to Mr.V.Rani, Advocate sr.no.88213(19/12/2018) Crl.O.P.No.26531 of 2018 nr 05/12/2018