Madras High CourtCRL OP(MD)/1316/2018disposed of

Mohammed Nazar v. The Commissioner Of Police

2018-01-29Honourable Mr Justice P. Rajamanickam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.1316 of 2018 Mohammed Nazar ... Petitioner -Vs1. The Commissioner of Police, Tirunelveli City, Tirunelveli.

2. The Inspector of Police, City Crime Branch, Tirunelveli.

3. The Inspector of Police, Anti Land Grabbing Cell, Tirunelveli City, IInd floor, Palam Police Station, Tirunelveli Junction, Tirunelveli District.

4.K.Balakrishnan ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct to the respondents 1 to 3 not to harass the petitioner without due process of law based on the complaint given by the 4th respondent who has no connection with the petitioner.

For Petitioner : Mr.Ananth C.Rajesh For R-1 to R-3 : Mr.Prabu Ramachandran, Government Advocate(Crl.side).

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O R D E R

This Criminal Original petition has been filed to direct the respondents 1 to 3 not to harass the petitioner based on the complaint given by the fourth respondent.

2.The learned counsel for the petitioner submitted that

already a civil suit is pending in O.S.No.623 of 2010 on the file of the Principal District Munsif Court, Tirnelveli. During the pendency of the said suit, the petitioner has purchased a portion of the property from one of the parties and that being so, the fourth respondent gave a false complaint before the second respondent and the second respondent has issued summons to the petitioner and after receiving the said summons the petitioner has produced all the documents, but subsequently, the third respondent has issued another summons and harassing the petitioner. 3.The learned Government Advocate (Crl.

side) has submitted that the second respondent has originally received the complaint and he has issued summons to the petitioner and subsequently, he has transfer the case to the third respondent and hence the third respondent has issued summons to the petitioner. 4.Considering the aforesaid submissions, the third respondent is directed to enquire the matter. If the enquiry reveals only civil dispute, then he has to direct the parties to workout their remedy in the civil suit which is already pending between the parties. In case, the enquiry reveals any cognizable offence then he has to register a case and proceed in accordance with law and during the said enquiry the petitioner should not be harassed. 5.With the aforesaid observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Tirunelveli City, Tirunelveli.

2. The Inspector of Police, City Crime Branch, Tirunelveli.

3. The Inspector of Police, Anti Land Grabbing Cell, Tirunelveli City, IInd floor, Palam Police Station, Tirunelveli Junction, Tirunelveli District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 cc TO Mr.Ananth C.Rajesh , Advocate in SR No. 44476 cp AE/SKN RSK/SAR2/15.02.2018/3P/6C Crl.O.P.(MD) No.1316 of 2018 29.01.2018