N.Anbu Selvam, v. The Commissioner Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD).No.3958 of 2019 N.Anbu Selvam .. Petitioner Vs.

1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Mathichiyam Police Station, Madurai City.

3.Mr.Ajmal Khan 4.Rasukutty 5.Samuel .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the 2nd respondent not to harass the petitioner by interfering into the petitioner's property right in connection with the property situated in T.S.No.97/1A3, Vaigai Vadakarai, A.A.Road, Ramarayar Mandapam West, Madurai (Two Shops) which is the subject matter of a suit in O.S.No.43 of 2009 pending on the file of the learned District Munsif, Madurai Town.

For Petitioner : Mr.R.Anand For Respondents : Mr.V.Neelakandan Additional Public Prosecutor for R1 and R2 ***

O R D E R

This petition has been filed by the petitioner seeking a direction to the respondents 2 and 3 not to harass the petitioner by interfering into the petitioner property right. 2.Heard the learned counsel for the petitioner and learned Government Advocate (Crl. Side) for the respondents and perused the materials placed on record.

https://hcservices.ecourts.gov.in/hcservices/ 3.When the matter is taken up for hearing, the learned Additional Public Prosecutor represented that on the complaint given

against the petitioner, petition enquiry is pending on the file of the respondent police.

4.Under such circumstances, blanket order of "not to harass" cannot be passed. The petitioner is directed to co-operate with the police for enquiry and at the time of conducting enquiry, the petitioner shall not be harassed. During the course of enquiry, if any cognizable offence is made out, the respondent police is free to register the FIR and this order shall not be a shield for the petitioner against arrest.

5.With the above direction, this criminal original petition is dismissed.

Sd/- Assistant Registrar(Crl.Side) // True Copy // Sub Assistant Registrar(CS ) To 1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Mathichiyam Police Station, Madurai City.

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

+1 CC to M/s.R.ANAND, Advocate in SR-55485 Crl.O.P.(MD).No. 3958 of 2019 18.03.2019 TM SP/PK/10.04.2019 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/