Madras High CourtCRL OP(MD)/11236/2017dismissed

Koilandi v. The Deputy Superintendent Of

2018-07-24Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2018

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.11236 of 2017 1.Koilandi 2.Krishnan 3.Perumal ... Petitioners -vs1. The Deputy Superintendent of Police, Aandipatti, Theni District.

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

... Respondents 1 & 2/Complainant 3.Hema 4.Nagendran 5.Kumaran 6.Karanan ... Respondents/ Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent police not to harass the petitioner herein in the guise of enquiry without following due process of law, especially in civil dispute. For Petitioner : Mr.K.Gokul, For R1 & R2 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side) For R3 to R6 : Mr.V.Vijay Sethupathy

ORDER

This Criminal Original Petition has been filed praying to direct the respondent police not to harass the petitioner under the guise of enquiry without following due process of law, especially in civil dispute.

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2. The learned Government Advocate (Crl.side) on instructions,

would submit that the complaint given by the defacto complainant was received by the respondent police and on receipt of the said complaint, the same was forwarded to the Anti Land Grapping Special Cell. Therefore, the prayer sought for against the second respondent is not maintainable.

3.In the light of the above submission made by the learned Government Advocate (Crl.side), this Criminal Original Petition is dismissed with liberty to the petitioners to seek their remedy in the manner known to law.

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

1. The Deputy Superintendent of Police, Aandipatti, Theni District.

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

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

+ 1 CC TO Mr.K.GOKUL, ADVOCATE IN SR No. 74849 AM TE/RP/SAR-1 : 01/08/2018 : 2P/5C CRL.O.P.(MD)No.11236 of 2017 24.07.2018 https://hcservices.ecourts.gov.in/hcservices/