Madras High CourtCRL OP(MD)/198/2018disposed of

M. Chandran v. The Superintendent Of Police

2018-01-08Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.OP.(MD) No.198 of 2018 M.Chandran ... Petitioner Vs.

1. The Superintendant of Police, Theni District, Theni.

2. The Inspector of Police, Tenkarai Police Station, Periyakulam, Theni District.

3. R.Senthilkumar ... Respondents PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the first respondent to give suitable directions to the second respondent not to harass the petitioner on the guise of the fake complaint lodged by the third respondent for civil dispute.

For Petitioner :

Mr.S.Selvakumar For R1 and R2 :

Mr.Prabu Ramachandran Government Advocate (crl. Side) For R3 :

No appearance ***

ORDER

This Petition has been filed by the petitioner to direct the second respondent not to harass the petitioner under the guise of enquiry on complaint given by the third respondent. 2.The learned counsel for the petitioner submitted that due to civil dispute, the third respondent gave a false complaint stating that the petitioner has obstructed the pathway and based on the said complaint, the second respondent has directed the petitioner not to proceed construction work and also harassing the petitioner.

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3.The learned Government Advocate (Crl.Side) has submitted that the third respondent gave a complaint against the petitioner stating that the petitioner has obstructed the pathway and only for that purpose, the petitioner was called upon for enquiry. He further submitted that the second respondent did not issue any direction with regard to construction work.

4.Considering the both side submissions the second respondent is directed to enquire with regard to the complaint given by the third respondent and if it is found that any cognizable offence is made out, then he can register a case and proceed in accordance with law and after enquiry if it is found that the dispute between the parties is civil in nature, then he can direct the parties to approach the civil Court to get appropriate remedy. 5.With the above observations, this Criminal Original Petition is disposed of.

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

1. The Superintendant of Police, Theni District, Theni.

2. The Inspector of Police, Tenkarai Police Station, Periyakulam, Theni District.

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

+1cc to Mr.S.SELVAKUMAR,Advocate in SR. NO. 40840 gsp/cp AE/SKN-RSK/SAR2/25/01/2018/2P/5C CRL.OP.(MD) No.198 of 2018 08.01.2018 https://hcservices.ecourts.gov.in/hcservices/