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Madras High CourtCRL OP(MD)/5104/2019disposed of

Selvaraj, v. The District Superintendent

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.5104 of 2019 1.Selvaraj 2.Subramani ... Petitioners /Vs./ 1.The District Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Land Grabbing Special Cell, Virudhunagar, Virudhunagar District.

3.Sabubar Sathick

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent not to harass the petitioners under the guise of an enquiry relating to civil matter involved in the land dispute.

For Petitioners : Mr.R.Murugappan For R-1 & R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent not to harass the petitioners under the guise of an enquiry relating to civil matter involved in the land dispute.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor.

3. The learned counsel appearing for the petitioners submitted that the second respondent police is harassing the petitioners.

4. The learned Additional Public Prosecutor submitted that a complaint was preferred by the third respondent and the same is being enquired as current paper. He further submitted that summon was issued to both parties and petition enquiry was conducted and it was closed on 20.03.2019. He added that the respondent police have not harassed the petitioners and they have no intention to harass him.

5. The statement of the learned Additional Public Prosecutor is recorded.

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6. In such circumstances, if at all the respondent police requires the presence of the petitioner for enquiry / interrogation,

they shall issue summons under Section 41 A Cr.P.C., mentioning specific date and time for enquiry and during enquiry, there shall not be harassment. Accordingly, this criminal original petition is disposed of.

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

2.The Inspector of Police, Land Grabbing Special Cell, Virudhunagar, Virudhunagar District.

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

Crl.O.P.(MD)No.5104 of 2019 04.04.2019 SM KK/SAR/08.05.2019/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/