Madras High CourtCRL OP(MD)/4746/2019disposed of

M.Kalyanasundaram v. The Commissioner Of Police

2019-03-29Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.4746 of 2019 M.Kalyanasundaram : Petitioner /Vs./ 1.The Commissioner of Police, Madurai District, Madurai.

2.The Sub Inspector of Police, No.C5, Karimedu Police Station, Madurai City. 3.Ramasamy : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 2nd respondent not to interfere in civil dispute and not to harass the petitioner.

For Petitioner : Mr.B.Prasanna Vinoth For R1 & R2 : Mr.V.Neelakandan, Additional Public Prosecutor

ORDER

This petition has been filed to direct the 2nd respondent not to interfere in civil dispute and not to harass the petitioner.

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

3. The petitioner alleges that his wife was constrained to commit suicide, and also alleges that the third respondent has a role in abetting it. He now complains that the third respondent through the agency of the second respondent is forcing to evict him from his tenanted premises and the second respondent keeps harassing him.

4. The learned Additional Public Prosecutor submitted that a case has been registered as to the cause of the petitioner's wife suicide, that the petitioner has a little to do with the present allegation and the second respondent is not harassing the petitioner. He also added that no complaint is pending against the petitioner.

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5. The statement of the learned Additional Public Prosecutor is recorded. If the second respondent is interested in enquiring / interrogating the petitioner preliminary on any aspects, the same shall be done by issuing fresh summons under Section 41 A Cr.P.C., mentioning a specific date and time for enquiry and also giving reasonable time for him to travel to the venue of such enquiry. The petitioner is also directed to co-operate with the enquiry. During enquiry, there shall not be harassment to the petitioner.

6. Accordingly, this criminal original petition is disposed of. Sd/- Assistant Registrar (CS-III) / True Copy / Sub Assistant Registrar(CS) sm/vsd To 1.The Commissioner of Police, Madurai District, Madurai.

2.The Sub Inspector of Police, No.C5, Karimedu Police Station, Madurai City.

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

+1 CC to M/s.B.PRASANNA VINOTH, Advocate ( SR-57997[F] dated 01/04/2019 ) Crl.O.P.[MD]No.4746 of 2019 29.03.2019 ES/30.04.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/