K.S.Rajan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:30.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.14562 of 2017 K.S.Rajan : Petitioner -Vs1. The Superintendant of Police, Madurai District, Madurai.

2. State rep. by its Inspector of Police, Melur Police Station, Madurai District.

: Respondents 3.Dhanuskodi : Respondents/Defacto Complainant PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent herein not to harass the petitioner in the name of enquiry without due process of law.

For Petitioner : Mr.P.Venkatesan For Respondents 1 & 2 : Mr.K.S.Duraipandian Additional Public Prosecutor

O R D E R

This petition is filed for issuing a direction to the 2nd respondent not to harass the petitioner under the guise of enquiry.

2. The petitioner and the third respondent are co-owners of certain immovable properties at Maruthur Village. It appears that the third respondent filed a suit in O.S.No.191 of 2016 on the file of the District Munsif, Melur, for partition. It is also stated that the third respondent, who is only a sharer in the property, denied the shares to his sisters and trying to swallow the property of female members. It is further stated that in order to grab the property the third respondent has given a police complaint and that under the guise of enquiry the second respondent is harassing the petitioner, without even issuing any summons or conducting enquiry in the manner known to law. Since https://hcservices.ecourts.gov.in/hcservices/

the third respondent is instigating the second respondent and that the second respondent is compelling the petitioner to sign blank papers relinguishing his right over the property, the petitioner is constrained to file this petition.

3. Heard the learned counsel appearing for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondents 1 and 2 on instructions submitted that the second respondent conducted enquiry and found that the dispute between the parties is purely civil in nature. He further stated that the complaint itself was closed on 06.10.2017, after requesting the parties to approach the civil Court for appropriate relief. He would further submit that there is no harassment and no further enquiry is contemplated.

5. Recording the said submission, the Criminal Original Petition is closed.

Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar To

1. The Superintendant of Police, Madurai District, Madurai.

2. The Inspector of Police, Melur Police Station, Madurai District.

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

+ 1 CC TO MR.P.Venkatesan, ADVOCATE IN SR No.84154 trp MK/JC/SAR-3/08.11.2017/2P/5C CRL.O.P.(MD)No.14562 of 2017 30.10.2017 https://hcservices.ecourts.gov.in/hcservices/