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Madras High CourtCRL OP(MD)/5010/2019disposed of

Mariyadhas v. The Superintendent Of Police

2019-04-05Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.5010 of 2019 Mariyadhas ... Petitioner /Vs./ 1.The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Karungal Police Station, Kanyakumari District.

3.Martin Thanislaus

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C to direct the second respondent not to harass the petitioner to handover the possession by interfering civil dispute between the petitioner and the third respondent.

For Petitioner : Mr.K.P.Narayanakumar For R-1 & R-2 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. side)

ORDER

This petition is filed to direct the second respondent not to harass the petitioner and to hand over the possession by interfering civil dispute between the petitioner and the third respondent.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the first and second respondents.

3. The learned counsel appearing for the petitioner submitted that the third respondent is the petitioner's landlord of a certain premises, of which, he is a lessee, and there is some dispute between them. He also added that one civil suit in O.S.No.33 of 2019 is pending. Besides, there are two criminal cases registered against both the petitioner and the third respondent in Crime No.60 of 2019 and 69 of 2019 respectively. He now submits that the second respondent is harassing the petitioner over the issue in support of the third respondent. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl. Side) submitted that there is no harassment whatsoever on the part of the second

respondent and he is only investigating the criminal cases registered against the parties.

5. The statement of the learned Government Advocate (Crl. Side) is recorded.

6. Inasmuch as the criminal cases are now registered, the second respondent is directed to investigate the matter strictly in accordance with law. During investigation, there shall be no harassment.

7. Accordingly, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Karungal Police Station, Kanyakumari District.

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

+1 CC to M/s.K.P.NARAYANA KUMAR, Advocate ( SR-59197[F] dated 05/04/2019 ) SM Crl.O.P.(MD)No.5010 of 2019 05.04.2019 KM/(25.04.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/