Madras High CourtCRL OP(MD)/7204/2019closed

T.A.Prabakarapillai v. The Inspector Of Police

2019-06-04Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.7204 of 2019 T.A.Prabakarapillai ... Petitioner Vs.

1.The State represented by the Inspector of Police Somarasampettai Police Station Trichirappalli 2.Ayyakannu ... Respondents Prayer: This Criminal Original Petition has been filed under Section 482 Cr.P.C. to direct the first respondent herein not to harass the petitioner.

For Petitioner : Mr.A.L.Kannan For Respondent 1 : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the first respondent herein not to harass the petitioner. 2.According to the petitioner, he promoted the lay out after obtaining planning permission from the competent authority. Subsequently the lay out plan was cancelled, based on the complaint given by the second respondent herein. Challenging the said order, the petitioner filed the writ petition in W.P(MD).No.11616 of 2018 and this Court by order dated 12.02.2019 set aside the order passed by the concerned authority cancelling the lay out. Thereafter, a Public Interest Litigation petition has been filed in W.P(MD). No.3458 of 2019. Even though an interim order was obtained, subsequently, it was vacated by this Court on 21.03.2019. Now the present complaint has been given by the second respondent herein on the ground that the petitioner has illegally obtained the lay out from the concerned authority by suppressing all the facts. Based on the complaint, the first respondent police is harassing the petitioner. Hence, the present Criminal Original Petition has been filed.

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3.Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor appearing for the first respondent, on instructions, would submit that based on the complaint given by the second respondent herein, the first respondent police is conducting the enquiry and the petitioner may be directed to appear before the first respondent and also direct him to produce all the documents.

4. Considering the fact that the enquiry is pending before the first respondent police, the petitioner is directed to appear before the first respondent police and produce all the documents. However, the first respondent police is directed not to harass the petitioner under the guise of enquiry and conduct the investigation. 5.With the above direction, this Criminal Original Petition is closed.

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

1.The Inspector of Police Somarasampettai Police Station Trichirappalli

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

Crl.O.P.(MD)No.7204 of 2019 04.06.2019 ES/17.06.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/