Madras High CourtCRL OP(MD)/1195/2018disposed of

Gopal v. The Deputy Superintendent Of

2018-02-08Honourable Mr Justice P. Rajamanickam2 pages

]BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.1195 of 2018 1.Gopal 2.Venkateshbabu ... Petitioners -vs1.The Deputy Superintendent of Police, Kamuthi Sub Division, Ramanathapuram District.

2.The Inspector of Police, Kamuthi Police Station (L & O), Ramanathapuram District.

3.The Sub-Inspector of Police, Kamuthi Police Station (L & O), Ramanathapuram District.

4.Ramamoorthy .

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent not to harass the petitioner in the guise of enquiry.

For Petitioners : Mr.R.Babujaganath For R1 to R3 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)

ORDER

This Petition has been filed by the petitioners, to direct the second respondent not to harass the petitioners under the guise of enquiry based on the complaint given by the fourth respondent. 2.The learned counsel appearing for the petitioners has submitted that the petitioners are in peaceful possession and enjoyment of the land situated in Survey No.70/1F, Narayanpuram Village. He further submitted that since one Chandiran has disputed the petitioners' title, the petitioners have filed a suit in O.S.No.41 of 2014, on the file of the District Munsif-Cum-Judicial Magistrate, Kamuthi and the said suit was decreed in their favour. He further submitted that the fact remains so the fourth respondent, who is no in way connected with the petitioners' property, gave a false compliant before the second respondent and based on the said complaint, the second respondent is harassing the petitioner. He https://hcservices.ecourts.gov.in/hcservices/

further submitted that the first respondent may be directed to conduct the enquiry and the petitioner is ready to appear before the first respondent.

3.The learned Government Advocate (Crl. Side) has submitted that the fourth respondent gave a complaint against the petitioners on 16.01.2018 and C.S.R.No.10 of 2018 has been issued and only in that complaint for enquiry purpose the petitioner was called upon, but he was not subjected to any harassment. He further submitted that after enquiry, the complaint has been closed by the second respondent.

4.Recording the aforesaid submissions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The Deputy Superintendent of Police, Kamuthi Sub Division, Ramanathapuram District.

2.The Inspector of Police, Kamuthi Police Station (L & O), Ramanathapuram District.

3.The Sub-Inspector of Police, Kamuthi Police Station (L & O), Ramanathapuram District.

Ia RL/4C/2P/SV/MMS/SAR3/21/3/2018 CRL.O.P.(MD)No.1195 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 08.02.2018