Madras High CourtCRL OP(MD)/1964/2018disposed of

C. Pitchai v. The Commissioner Of Police

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.1964 of 2018 C.Pitchai ... Petitioner -vs1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, Sellur Police Station, Sellur, Madurai District.

3. Muthu Petchi @ Muthu ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent herein not to harass the petitioner on the guise of false complaint except under due process of law.

For Petitioner : Mr.V.Selva For R1 & R2 : Mr.Prabu Ramachandran Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, to direct the second respondent not to harass the petitioner, based upon the complaint given by the third respondent. 2.The learned counsel appearing for the petitioner has submitted that the third respondent is claiming to be a second wife of petitioner's father and already the petitioner's father died and now the third respondent is trying to disturb the petitioner's peaceful possession of the temple property by giving a false complaint before the second respondent and based on the said complaint, the second respondent is harassing the petitioner. 3.The learned Government Advocate (Crl.Side) has submitted that the third respondent gave a complaint against the petitioner herein and the same is still pending.

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4.Considering the aforesaid submissions, the second respondent is directed to enquire the said matter and if the enquiry reveals any cognizable offence, then he has to register a case and proceed in accordance with law. However, the petitioner should not be subjected any harassment during the enquiry.

5.With the aforesaid observations, this Criminal Original Petition is disposed of.

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

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

2. The Inspector of Police, Sellur Police Station, Sellur, Madurai District.

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

+ 1 CC TO Mr.V.SELVA, ADVOCATE IN SR No. 47665 SSS TE/CVC/SAR-2 : 09/03/2018 : 2P/5C CRL.O.P.(MD)No.1964 of 2018 08.02.2018 https://hcservices.ecourts.gov.in/hcservices/