R.Karthikeyan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.10663 of 2017 R.Karthikeyan : Petitioner -Vs1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, Thilagarthidal Police Station, Madurai.

: Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent not to harass the petitioner under the guise of enquiry. For Petitioners : Mr.S.Alagarsamy For Respondents : Mr.K.Anbarasan, Government Advocate(Crl.Side).

***

O R D E R

This Criminal Original petition is filed seeking a direction to the second respondent not to harass the petitioner under the guise of enquiry.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal Side) appearing for the respondents.

3. The petitioner stated that he purchased a house near Meenakshi Amman temple, on 18.03.2016 and though he started construction in the said property modifying the structure after getting permission from the Madurai Corporation, it was against the proposed construction, the adjacent owner one Rajakumari @ Thaiyalnayagi filed a Suit in O.S.No.587 of 2016 on the file of the Principal District Munsif Court, Madurai Town. It is further stated that though the trial is commenced in the said Suit, at that stage the second respondent police issued notice and called upon the petitioner and that the petitioner was unnecessarily made to wait in the police station even during mid night.

4. The learned counsel for the petitioner submitted that since the matter is purely civil in nature, the second respondent should be directed not to harass the petitioner under the guise of any enquiry.

https://hcservices.ecourts.gov.in/hcservices/

5. The learned Government Advocate(Criminal Side) on instructions submitted that the enquiry was conducted and since the dispute is purely civil in nature, the second respondent would advise the parties to go before the civil Court to work out their remedy.

6. Recording the said submission of the learned Government Advocate(Criminal Side), the Criminal Original petition is closed. However, the second respondent is directed not to harass the petitioner and not to call for any enquiry in relation to the dispute which is pending before the civil Court. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Thilagarthidal Police Station, Madurai.

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

PMU JS/SKN.RSK/SAR.2/17.08.2017/2P-4C CRL.O.P.(MD)No.10663 of 2017 11.08.2017 https://hcservices.ecourts.gov.in/hcservices/