Madras High CourtCRL OP(MD)/3474/2019disposed of

Antony Benito v. The Superintendent Of Police,

2019-03-07Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.3474 of 2019 Antony Benito : Petitioner Vs.

1. The State of Tamil Nadu rep. through its The Superintendent of Police, Kanyakumari District, Nagercoil.

2. The Deputy Superintendent of Police, Land Grabbing Cell, District Superintendent Office, Nagercoil, Kanyakumari District.

3. The Inspector of Police, Land Grabbing cell, District Superintendent Office, Nagercoil, Kanyakumari District.

4. Muthukrishnan

5. Viswananthan

6. Duraiswamy : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct hte respondents 2 to 4 not to harass the petitioner in the guise of enquiry and conducting "Katta Panchayat" on the alleged complaint given by the fifth and sixth respondents herein, in respect of house site layout in the name and style of "Sree Chenthur Nagar" formed in Sy.no.414/1, 414/2, 414/9 and 414/10 in Kottaram Village, Kanyakumari District, which is purely a civil dispute.

For Petitioners : Mr.P.M.Vishnuvarthanan For R-1 to R3 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The present petition has been filed to direct the respondents 2 to 4 not to harass the petitioner under the guise of enquiry. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor for the official respondents.

3. The learned counsel appearing for the petitioner submitted that the respondent police are harassing the petitioner.

4. The learned Additional Public Prosecutor submitted that due to civil dispute, a complaint was preferred by the fifth and sixth respondents and the same is being enquired. He further submitted that summon was issued to both parties and petition enquiry was conducted and it was closed. He added that the respondent police have not harassed the petitioner and they have no intention to harass him.

5. In such circumstances, if at all the respondent police requires the presence of the petitioner for any preliminary interrogation, they shall issue summons mentioning specific date and time for enquiry and during enquiry, there shall not be harassment. 6 With the above direction, this criminal original petition is disposed of.

Sd/ Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Kanyakumari District, Nagercoil.

2. The Deputy Superintendent of Police, Land Grabbing Cell, District Superintendent Office, Nagercoil, Kanyakumari District.

3. The Inspector of Police, Land Grabbing cell, District Superintendent Office, Nagercoil, Kanyakumari District.

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

+1 CC to M/s.P.M..VISHNUVARTHANAN, Advocate ( SR-52486[F] dated 08/03/2019 ) TA TE : 22/03/2019 : 2P/6C Crl.O.P.[MD]No.3474 of 2019 07.03.2019 https://hcservices.ecourts.gov.in/hcservices/