S.Chinnamuthiah v. The Superintendent Of Police

Crl.O.P.(MD)No.2097 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R.THARANI Crl.O.P.(MD)No.2097 of 2021 S.Chinnamuthiah ... Petitioner Vs.

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

2.The Sub Inspector of Police, Town Police Station, Srivilliputhur, Virudhunagar District.

3.R.Murugan ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the second respondent not to interfere in the civil dispute in the petitioners property in Survey No.221/4, situated at Poovani Village, Srivilliputhur Taluk, Virudhunagar District made in O.S.No.3 of 2021 on the file of the Sub Court, Srivilliputhur, Virudhunagar District.

For Petitioner : Mr. SP.Vijay Nivas For Respondents 1& 2 : Mr.R.Erottuchamy Government Advocate (Crl.side)

ORDER

The petitioner has filed the present petition under Section 482 Cr.P.C praying to direct the second respondent not to interfere in the civil dispute.

2.The learned counsel for the petitioner would submit that the second respondent in civil dispute and harassing the petitioner in the name of enquiry.

3.Mr.Erottusamy, learned Government Advocate, who accepts notice on behalf of the first and second respondents, on https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2097 of 2021 instructions, would contend that the third respondent lodged a complaint against the petitioner and the enquiry is still pending.

4. Recording the aforesaid submission, the petitioner is directed to co-operate with the enquiry and the second respondent is directed not to harass the petitioner physically and unnecessarily and also the second respondent is directed to follow the guidelines issued in the decision in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610.

5.With the aforesaid direction, the Criminal Original Petition is allowed.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) Ls Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Virudhunagar District.

2.The Sub Inspector of Police, Town Police Station, Srivilliputhur, Virudhunagar District.

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

+1 CC to Mr.SP VIJAY NIVAS, Advocate ( SR-4736[F] dated 12/02/2021 ) Crl.O.P.(MD)No.2097 of 2021 11.02.2021 KM (23.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2