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Madras High CourtCRL OP(MD)/2842/2021disposed of

Syed Yusuf v. The Superintendent Of Police

2021-02-24Honourable Mrs Justice R. Tharani2 pages

Crl.O.P.(MD)No.2842 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.THARANI Crl.O.P.(MD)No.2842 of 2021 Syed Yusuf

...Petitioner

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

2.The State represented by The Inspector of Police, Periyakulam Police Station, Periyakulam, Theni District.

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent not to harass or ill-treat the petitioner on the guise of enquiry. For Petitioner : Mr.J.Sulthan Basha For Respondents : Mr.A.Robinson Government Advocate

ORDER

The petitioner has filed this petition to direct the second respondent not to harass the petitioner for a matter, which is purely civil in nature.

2.On the side of the petitioner, it is stated that the father of the petitioner executed a settlement deed in his favour, in the year 2008 and subsequently, the petitioner, in turn has executed the settlement deed in favour of his wife in the year 2021. The siblings of the petitioner created problem and lodged a false complaint before the police and the police, in the guise of an enquiry, is harassing the petitioner.

3.On the side of the respondents, it is stated that earlier the petitioner's father executed a settlement deed in favour of the petitioner, but, the petitioner neglected to maintain his father. The petitioner is trying to tresspass into the property and caused damages. Therefore, the petitioner's father lodged a complaint. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2842 of 2021 4.On the side of the petitioner, it is stated that the petitioner is ready to pay monthly maintenance to the father of the petitioner and prayed the petition to be allowed. 5.It is seen that a civil suit in O.S.No.14 of 2021 is pending before the District Munsif Court, Periyakulam. But, the matter is relating to the maintenance of the petitioner's father, who executed a settlement deed in favour of the petitioner. In this circumstance, the petitioner is directed to co-operate with the respondents during enquiry and the respondents are hereby directed not to physically harass the petitioner during enquiry. 6.With the observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) Sm 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, Theni District, Theni.

2.The Inspector of Police, Periyakulam Police Station, Periyakulam, Theni District.

COPY TO

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

2.The District Munsif, Periyakulam,Theni District.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-7102[F] dated 25/02/2021 ) Crl.O.P.(MD)No.2842 of 2021 24.02.2021 srk(CO) KK(17.03.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2