S.Pandidurai v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM W.P.(MD) No.2055 of 2018 and W.M.P.(MD)No.2292 of 2018 S.Pandidurai ... Petitioner -Vs1. The Superintendent of Police, Office of Superintendent of Police, Theni District, Theni.

2. The Inspector of Police, Karuppayurani Police Station, Incharge of Silaiman Police Station, Madurai District, Madurai.

3. M.Thinakaran, The Inspector of Police, Incharge of Karuppayurani Police Station, Madurai District, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents No.1 and 2 to direct the third respondent not to harass the petitioner and his family members in the name of enquiry. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.N.Shanmuga Selvam Additional Government Pleader

O R D E R

This writ petition has been filed to direct the third respondent not to harass the petitioner under the guise of enquiry. 2.Heard Mr.T.Lajapathi Roy, learned counsel appearing for the petitioner and Mr.N.Shanmuga Selvam, learned Additional Government Pleader appearing for the respondents.

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3.The learned counsel for the petitioner has submitted that the petitioner's brother, namely, Bharathi gave a false complaint against the petitioner. On the basis of the said complaint, the Inspector of Police, Karuppayurani Police Station, has registered a case in Crime No.478 of 2017, punishable under Sections 406, 420 IPC and in that case the petitioner has obtained Anticipatory Bail by filing Crl.O.P.(MD)No.17905 of 2017. He further submitted that the petitioner was appearing before the third respondent as per the directions issued by this Court, but, the third respondent is compelling the petitioner to execute a sale deed in favour of the said Bharathi and thereby harassing him.

4.The learned Additional Government Pleader has submitted that since the FIR is pending against the petitioner, he was called only for the purpose of investigation by issuing summons, but the petitioner did not appear. Further, he has submitted that the petitioner was not subjected to any harassment. 5.Recording the aforesaid submissions, the petitioner is directed to appear before the second respondent, whenever, he is summoned and he should co-operate for the investigation in the case, which is pending against him. Further, the second respondent is directed not to harass the petitioner.

6.With the aforesaid observations, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Karuppayurani Police Station, Incharge of Silaiman Police Station, Madurai District, Madurai.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 46218 GSP TE/SV-MMS/SAR-2 : 13/02/2018 : 2P/4C W.P.(MD) No.2055 of 2018 and W.M.P.(MD)No.2292 of 2018 01.02.2018 https://hcservices.ecourts.gov.in/hcservices/