Prabhu, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) Nos.15505 and 17892 of 2017 in Crl.O.P.(MD) No.15505 of 2017 Prabhu

...Petitioner

Vs.

1. The Superintendent of Police, Pudukkottai District.

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

3.Subramanian 4.Abubucker Siddique

...Respondents

PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the third respondent herein not to harass the petitioner and his family members on the guise of enquiry except under the process of law.

For Petitioner : Mr.S.Sathya Chidambaram For R1 and R2 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side) For R4 : Mr.S.Ravi For R3 : No appearance in Crl.O.P.(MD) No.17892 of 2017 Prabhu

...Petitioner

Vs.

1.The Inspector of Police, District Crime Branch, Ramanathapuram.

2.Abubucker Siddique

...Respondents

PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the first respondent herein not to harass the petitioner and his family members on the guise of enquiry except under the process of law.

For Petitioner : Mr.S.Sathya Chidambaram For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side) C O M M O N O R D E R These Criminal Original Petitions have been filed to direct the third respondent in Crl.O.P.(MD) No.15505 of 2017 and the first respondent in Crl.O.P.(MD) No.17892 of 2017, not to harass the petitioner and his family members on the guise of enquiry based on the complaint given by one Abubucker Siddique / second respondent in Crl.O.P.(MD) No.17892 of 2017 / fourth respondent in Crl.O.P(MD)No.15505 of 2017.

2.In both the cases, the learned counsel for the petitioner submitted that the petitioner has filed a suit in O.S.No.63 of 2017 on the file of the District Munsif Court, Aranthangi for the relief of permanent injunction restraining the said Abubucker Siddique from interfering with the peaceful running of the business and the same is still pending. He further submitted that the said Abubucker Siddique already gave a complaint before the District Crime Branch, Pudukkottai and the said complaint was closed after enquiry and thereafter, he gave another complaint. The learned Counsel for the petitioner further submitted that based on the said complaint, the official respondents in both the petitions are frequently calling upon the petitioner for enquiry and harassing him.

3.In both cases, the learned Government Advocate (Crl.Side) appearing for the respondent police has submitted that after receipt of the complaint from the said Abubucker Siddique, an enquiry has been conducted and the complaint has been closed, directing the parties to get remedy before the civil Court and hence, the question of harassing does not arise. 4.Recording the aforesaid submission made by both side this Criminal Original Petitions are closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar

To

1. The Superintendent of Police, Pudukkottai District.

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

3. The Inspector of Police, District Crime Branch, Ramanathapuram.

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

+ 1 cc TO Mr.S.Sathya Chidambaram , Advocate in SR No. 41556 mm AE/KKR/SAR4/01.02.2018/3P/6C Crl.O.P.(MD) NoS.15505 & 17892 of 2017 09.01.2018