Madras High CourtCRL OP(MD)/19720/2015disposed of

K. Singaravadamalaimuthu v. The Superintendent Of Police

2015-10-13Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2015

CORAM

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD)No.19720 of 2015 K.Singaravadamalaimuthu : Petitioner

Versus

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

2.The Deputy Superintendent of Police, Bodinayakanur, Theni District.

3.The Sub-Inspector of Police, Kurangani Police Station, Theni District.

: Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the second and third respondents not to interfere in the civil dispute in S.R.No.1779/2 extent of 1 acres 80 cents situated in Theni District, Bodi Taluk, Bodi Village North, Akkarai Paravu of the petitioner complaint dated 30.09.2015 to the 1st respondent.

For Petitioner : Mr.H.Velavadhas For Respondents : Mr.P.Kannithevan, Government Advocate (Crl. Side)

O R D E R

Heard both sides.

2. The learned counsel for the petitioner would submit that the second and third respondents are harassing the petitioner under the guise of enquiry and hence, the petitioner has come forward with this petition for the above stated relief.

3. The learned Government Advocate (Criminal side), on instructions, would submit that the petitioner is arrayed as accused in Crime No.21 of 2015, for the offences punishable under Sections 341, 323 and 324 of IPC., and Section 3(i)(x) of SC/ST Act,

4. Considering the rival submissions made on both sides, the second and third respondents are directed not to harass the petitioner under the guise of enquiry, but let the police investigate into the matter in accordance with law and the mandates as found set out in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. If really, the https://hcservices.ecourts.gov.in/hcservices/

police want to interrogate, it is open for the police to issue summons to the petitioner. Thereupon, the petitioner shall appear before the police and submit himself for interrogation.

5. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.

2.The Deputy Superintendent of Police, Bodinayakanur, Theni District.

3.The Sub-Inspector of Police, Kurangani Police Station, Theni District.

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

+1cc to Mr.H.Velavadhas, Advocate SR.No.60464 Order made in Crl.O.P.(MD)No.19720 of 2015 Dated:

13.10.2015 MPK NS/MP/27.10.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/