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Madras High CourtCRL OP(MD)/5522/2019closed

M.Chokkuthevar, v. The Superintendent Of Police

2019-04-12Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE M.DHANDAPANI Crl.O.P.(MD).No.5522 of 2019 M.Chokkuthevar .. Petitioner Vs

1. State represented by The Superintendent of Police, Tirumangalam, Madurai District.

2. The Inspector of Police, Taluk Police Station, Tirumangalam, Madurai District.

3. N.Valarmathi .. Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the second respondent not to interfere into the civil dispute and further not to harass the petitioner under the guise of enquiry.

For Petitioner : Mr.K.J.Chengizkhan For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

O R D E R

This petition has been filed seeking a direction to the second respondent not to interfere into the civil dispute and further not to harass the petitioner under the guise of enquiry.

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

3. The learned Government Advocate (Crl.Side) submitted that on the complaint given by the defacto complainant's brother against the petitioner, petition enquiry is pending in C.S.R.No.80/2019 on the file of the second respondent police.

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4. Under such circumstances, blanket order of "not to harass"

cannot be passed. The petitioner is directed to cooperate 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 an FIR and this order shall not be a shield for the petitioner against arrest.

5. With the above direction, the Criminal Original Petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To

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

2. The Inspector of Police, Taluk Police Station, Tirumangalam, Madurai District.

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

+1 CC to Mr.K.CHENGIZKHAN, Advocate ( SR-60829[F] dated 12/04/2019 ) Crl.O.P(MD).No.5522 of 2019 12.04.2019 dss AE (26.04.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/