A.Thevar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2024

CORAM:

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP A.Thevar ... Petitioner Vs.

1.The Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, Melur Sub Division, Madurai District.

3.The Sub Inspector of Police, Melavalvu, Madurai District.

4.K.Thangaraj ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Respondents 2 and 3 not to harass the Petitioner by interfere the civil dispute between the Petitioner and the fourth Respondent by following the circular issued by the Additional Director General of Police, Law & Order, Tamil Nadu dated 09.01.2024 in Memorandum C.No. 18/ADGP/L&O/Camp/2024.

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For Petitioner : Mr.R.Rajamohan For R-1 to R-3 : Mr.T.Senthilkumar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking direction against the Respondent Police not to harass the Petitioner under the guise of an enquiry.

2. The learned Counsel for the Petitioner submitted that the Petitioner had been summoned by the Respondents 1 to 3 at odd hours. It is the further submission of the learned Counsel for the Petitioner that there had been civil dispute between the Petitioner and the fourth Respondent. Inspite of the same, the Respondents 1 to 3 are summoning the Petitioner. Aggrieved by the same, the Petitioner is before this Court by way of filing this petition.

3. The learned Additional Public Prosecutor on instructions of the Respondents 1 to 3 would submit that the Petitioner was an agricultural tenant of the fourth Respondent. Already, a civil case in O.S.No.327 of 2015 filed before the District Munsif Court, Melur was decreed in favour of the fourth Respondent. Subsequently, under the Tamil Nadu Agricultural Lands Record of 2/5

Tenancy Rights Act, the Respondents had preferred a petition before the Tahsildar which was also ended in favour of the fourth Respondent. Only to enforce such an order, the fourth Respondent had approached the Respondents 2 and 3 and based on the complaint, the third Respondent had issued summons specifying the date and time.

4. The learned Additional Public Prosecutor submitted that the current paper is pending with the third Respondent and he further submitted that after conducting enquiry, the Respondents 1 and 2 undertake to follow the circular of Additional Director General of Police in C.No.18/ADGP/L&O/Camp/2024 dated 09.01.2024.

5. Recording the submission of the learned Additional Public Prosecutor, this Criminal Original Petition is closed.

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To 1.The Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, Melur Sub Division, Madurai District.

3.The Sub Inspector of Police, Melavalvu, Madurai District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

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