M.K.Muthukumaran v. The Superintendent 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.4023 of 2019 M.K.Muthukumaran .. Petitioner Vs.

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

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

3.S.R.Muthupandi .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the 2nd respondent not to interfere with the civil dispute which is subject matter of suit in O.S.NO.298 of 2018 on the file of the VI Additional District Judge, Madurai, under the guise of any investigation.

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

O R D E R

This petition has been filed by the petitioner seeking a direction to the 2nd respondent not to interfere with the civil dispute which is subject matter of suit in O.S.NO.298 of 2018 on the file of the VI Additional District Judge, Madurai, under the guise of any investigation.

2.Heard the learned counsel for the petitioner and learned Government Advocate (Crl. Side) for the respondents and perused the materials placed on record.

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.

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

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) TM To 1.The VI Additional District Court, Madurai.

2.The Superintendent of Police, Madurai District, Madurai. 3.The Inspector of Police, Oomatchikulam Police Station, Madurai District.

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

+1 CC to M/s.R.PONKARTHIKEYAN, Advocate ( SR-54581[F] dated 18/03/2019 ) Crl.O.P.(MD).No. 4023 of 2019 18.03.2019 DS/ /SAR- (12.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/