Madras High CourtCRL OP(MD)/2094/2021allowed

Y.Durairaj v. The Superintendent Of Police

2021-02-11Honourable Mrs Justice R. Tharani2 pages

Crl.O.P.(MD)No.2094 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.2094 of 2021 Y.Durairaj ... Petitioner/Aggrieved Person Vs.

1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Anti-Land Grabbing Special Cell.(Rural), District Police Quarters, Tirunelveli District.

3.D.Samuel ... Respondents/Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the the Inspector of Police, Anti-Land Grabbing Special Cell,(Rural), District Police Quarters, Tirunelveli District, not to harass the petitioner by forcing him to part with 5 cents of property in survey No.319B/3 and 319B/4 Ilankulam Village,Nanguneri Taluk, Tirunelveli District under the garb of enquiring the complainant allegedly given by the 3rd respondent. For Petitioner : Mr. R.Anand For Respondents 1& 2 : Mr.R.Erottuchamy Government Advocate

ORDER

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

2.The learned counsel for the petitioner would submit that the second respondent is 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 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 un-necessarily 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.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2094 of 2021 5.With the aforesaid direction, the Criminal Original Petition is allowed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Tirunelveli District.

2.The Inspector of Police, Anti-Land Grabbing Special Cell.(Rural), District Police Quarters, Tirunelveli District.

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

Crl.O.P.(MD)No.2094 of 2021 11.02.2021 NA(CO) KB(24.02.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2