Madras High CourtCRL OP(MD)/2533/2018disposed of

K.Velu v. The Superintendent Of Police

2018-02-22Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.2533 of 2018 K.Velu ... Petitioner -vs1. The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.T he Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

3.Malaisamy ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent not to harass the petitioner under the guise of enquiry and consequently direct the second respondent not to interfere in the civil dispute exiting between the petitioner and the 3rd respondent in respect of the land an extent of 21.25 cents comprised in Survey No.158/5B1 in Pirappanvalasai Village, Ramanathapuram Taluk, Ramanathapuram District.

For Petitioner : Mr.V.Angusamy For R-1 and R-2 : Mr.Prabu Ramachandran Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent not to harass the petitioner under the guise of enquiry and consequently direct the second respondent not to interfere in the civil dispute exiting between the petitioner and the third respondent.

2.The learned counsel appearing for the petitioner has submitted that the petitioner has got property in Survey No.158/5B1 in Pirappanvalasai Village, Ramanathapuram Taluk, by way of partition and he is trying to put up construction in the https://hcservices.ecourts.gov.in/hcservices/

said property. The third respondent, who is son of the petitioner's brother has prevented him. Hence, the petitioner has sent a complaint to the second respondent. But, instead of taking action on the said complaint, the second respondent is harassing the petitioner, based on the complaint given by the third respondent.

3.The learned Government Advocate (Criminal Side) has submitted that the petitioner has sent a complaint by post and the same has been received by the second respondent on 09.02.2018 and C.S.R.No.58 of 2018 has been issued and he was called upon for enquiry only in that complaint, but, he did not appear. He further submitted that the third respondent has not lodged any complaint against the petitioner and therefore the question of harassing the petitioner does not arise.

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

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

1. The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2. The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

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

Ls AE/SV MMS/SAR2/21.03.2018/2P/4C CRL.O.P.(MD)No.2533 of 2018 22.02.2018 https://hcservices.ecourts.gov.in/hcservices/