Madras High CourtCRL OP(MD)/4513/2021disposed of

Baskaran v. The Sub Inspector Of Police

2021-04-21Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.4513 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.4513 of 2021 Baskaran ... Petitioner Vs.

1.The Sub Inspector of Police, Anti Land Grabbing Special Cell, Theni District, Theni.

2.Surulivel

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent not to harass the petitioner at the instigation of the second respondent in view of the civil suit in O.S.No.32 of 2021 on the file of the District Munsif Court of Theni, within the period as stipulated by this Court.

For Petitioner : Mr.A.Haja Monideen For R-1 : Mr.R.Srinivasan Government Advocate (Crl.side)

O R D E R

This petition has been filed seeking a direction to the first respondent not to harass the petitioner at the instigation of the second respondent in view of the civil suit in O.S.No.32 of 2021 on the file of the District Munsif Court, Theni. 2.The grievance of the petitioner is that a dispute arose between himself and the second respondent herein over a civil right. In respect of which, a suit in O.S.No.32 of 2021, on the file of District Munsif Court, Theni, for permanent injunction is pending. During the pendency of the suit, the second respondent gave a false complaint against him. Based upon which, the first respondent is harassing him. Hence, the petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4513 of 2021 3.According to the learned Government Advocate, the second respondent has given a complaint against the petitioner and he is not co-operating for enquiry.

4.According to the learned counsel for the petitioner, the petitioner has appeared before the Investigating Officer and given a statement. But, this fact is disputed by the learned Government Advocate(crl.side).

5.In view of the above, the petitioner is directed to appear before the first respondent within 15 days from the date of receipt of a copy of this order and co-operate for enquiry. On his appearance, the first respondent may conduct an enquiry as per law and if it is found that it is purely civil in nature, the respondent police may act as per Rules and procedure. 6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Sub Inspector of Police, Anti Land Grabbing Special Cell, Theni District, Theni.

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

Crl.O.P.[MD]No.4513 of 2021 21.04.2021 KM(27.05.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2