Madras High CourtCRL OP(MD)/14878/2017allowed

R. Biju Mon, S/O.Raimant, v. The Superintendent Of Police,

2017-11-03Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRL.OP.(MD)No.14878 of 2017

1. R.Biju Mon

2. Sunaja Rose ... Petitioners Vs.

1. The Superintendent of Police, Kanyakumari District, Nagercoil.

2. The Inspector of Police, Colachel Police Station, Kanyakumari District.

3. The Sub-Inspector of Police, Kaliyakkavilai Police Station, Kanyakumari District.

4. Antony ... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the first and second respondents to take action upon the petitioners' representation dated 28.07.2017 and issue a direction to the officials of the third respondent police station not to harass the petitioner under the guise of enquiry into the complaint given by Mr.Antony as against the petitioner's and not to interfere in a civil dispute. For Petitioners : Mr.N.Dilip Kumar For R.1 to R.3 : Mr.Durai Pandian, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the first and second respondents to take action upon the petitioners' representation dated 28.07.2017 and issue a direction to the officials of the third respondent police station not to harass the https://hcservices.ecourts.gov.in/hcservices/ petitioner under the guise of enquiry into the complaint given by

Mr.Antony as against the petitioner's and not to interfere in a civil dispute.

2. Heard Mr.N.Dilip Kumar, learned counsel appearing for the petitioners and Mr.Durai Pandian, learned Government Advocate appearing for the respondents.

3. Mere look at the petition averments and the materials enclosed in the typed set of papers would show that the petitioner is having a civil dispute with the fourth respondent.

4. In these circumstances, this Court directs the second respondent not to harass the petitioner under the guise of enquiry and if the presence of the petitioner is required for any enquiry, it shall be done only after issuing summons prescribing date and time and in the manner prescribed in law. This Criminal Original Petition is allowed, accordingly.

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

1. The Superintendent of Police, Kanyakumari District, Nagercoil.

2. The Inspector of Police, Colachel Police Station, Kanyakumari District.

3. The Sub-Inspector of Police, Kaliyakkavilai Police Station, Kanyakumari District.

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

+1cc to M/S.N.DILIP KUMAR, Advocate SR.No.85726. ORDER MADE IN CRL.OP(MD)No. 14878 of 2017 03.11.2017 kmi/dss SDS/GT/SAR 3/16.11.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/