S. David, S/O.Seliya v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.7953 of 2019 S.David : Petitioner Vs.

1.The Superintendant of Police, kanyakumari District, Kanyakumari.

2.The Inspector of Police, Kulasekaram Police Station, Kanyakumari District.

3.Vijayaraj (Father's name not known), Sub Inspector of Police, Kulasekaram Police Station, Kanyakumari District.

: Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the second respondent Police not to harass the petitioner and their family under the guise of enquiry by the Inspector of Kulasekaram Police Station, Kanyakumari District, without adhering to the mandatory provisions contemplated under law. For Petitioner : Mr.Ka.Raamakrishnan For Respondents 1 & 2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor ******

ORDER

The petitioner seeks for a direction to the second respondent Police not to harass the petitioner and their family under the guise of enquiry by the Inspector of Kulasekaram Police Station, Kanyakumari District, without adhering to the mandatory provisions contemplated under law.

2.The grievance of the petitioner is that a civil dispute is pending between the petitioner and the third respondent. Now the third respondent gave a complaint to the second respondent. Based on the complaint given by the third respondent, the second respondent Police directed the petitioner to appear for enquiry and also harassed him.

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3.Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor appearing for the respondents 1 and 2, on instructions, would submit that a complaint has been given by the third respondent against the petitioner alleging that there is a civil dispute pending between both the parties. In this regard, the petitioner also gave a complaint to the second respondent Police. After receiving both the complaints, the second respondent police asked the petitioner to appear for enquiry, instead of appearing for enquiry, the petitioner approaches the Court with this Petition.

4.Considering the fact that the complaints is pending against the petitioner, the petitioner is directed to appear before the second respondent police and co-operate with the enquiry. During the enquiry, there shall not be any harassment by the second respondent Police to the petitioner herein.

5.The Criminal Original Petition stands disposed of. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The Superintendant of Police, kanyakumari District, Kanyakumari.

2.The Inspector of Police, Kulasekaram Police Station, Kanyakumari District.

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

+1 CC to M/s.KA.RAAMA KRISHNAN, Advocate SR-68201. Order made in CRL.O.P.(MD).No.7953 of 2019 Dated:

11.06.2019 CS: (05/07/2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/