Madras High CourtCRL OP(MD)/6006/2018disposed of

K.Dheivasenathipathi v. The Superintend Of Police

2018-04-16Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.6006 of 2018 K.Dheivasenathipathi

...Petitioner

-Vs1. The Superintendent of Police, Karur, Karur District.

2. The Inspector of Police, District Crime Branch Karur District.

3. K.Subramaniyan ... Respondents Prayer: Criminal Original petition - filed under Section 482 of Code of Criminal Procedure, to direct the official respondents not to harass the petitioner under the guise of enquiry. For Petitioner : Mr.P.Murugesan For Respondents 1 & 2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the official respondents not to harass the petitioner under the guise of enquiry.

2. Heard the learned counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the respondents 1 and 2.

3. According to the petitioner, the third respondent filed a suit in O.S.No.20 of 2015 on the file of the learned Principal District Court, Karur. Again, the third respondent filed an application in I.A.No.105 of 2017 in O.S.No.20 of 2015 for comparison of signature and thump impression to the expert for their opinion and the same was allowed. Due to some adverse findings, the third respondent has filed C.R.P.(MD)No.2009 of 2017 before this Court and obtained an interim order and the matter of https://hcservices.ecourts.gov.in/hcservices/

disputed will is now pending before the Civil Court. The respondent police is harassing the petitioner under the guise of enquiry and hence, the petitioner filed this Criminal Original Petition.

3. The learned Additional Public Prosecutor would submit that the petitioner can place all these facts before the respondent police.

4. Considering the aforesaid facts, the petitioner is directed to place all the materials before the authority concerned and if any such material is produced, the authority concerned shall conduct the enquiry on merits and in accordance with law. In the meanwhile, the petitioner shall not be harassed by the respondents.

5. In view of the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Karur, Karur District.

2. The Inspector of Police, District Crime Branch Karur District.

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

+1cc to Mr.N.Shanmuga Selvam, Advocate Sr.No.61486 SM VB/SV/MMS/SAR4/28/04/2018/2P/5C Order made in Crl.O.P.(MD) No.6006 of 2018 16.04.2018 https://hcservices.ecourts.gov.in/hcservices/