V.S. Chandrakumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.6606 of 2018 V.S.Chandrakumar ... Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

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

3.S.Jegannathan 4.S.Kannan 5.S.Nagasubramanian 6.S.Vijayalakshmi 7.S.Dhanapal 8.S.Dhanapackiyam 9.S.Prabhu ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent not to harass the petitioner herein by way of interfering in the Civil dispute in the guise of enquiry, pursuant to the Representation of the petitioner, dated 16.04.2018.

For Petitioner : Mr.D.Senthil For R1 & R2 : Mr.K.K.Ramakrishnan, Additional Public Prosecutor

O R D E R

This application is filed seeking for a direction, directing the second respondent not to harass the petitioner under the guise of enquiry.

2.The learned counsel for the petitioner would submit that the petitioner has filed a suit in O.S.No.92 of 2016 before the District Munsif Court, Melur for injunction. Pending suit, the https://hcservices.ecourts.gov.in/hcservices/

petitioner filed I.A.No.195 of 2016 for temporary injunction and the same is also pending. In the meantime, the respondent police has forcibly obtained a statement from the petitioner to vacate the property.

3.According to the petitioner, the aforesaid statement made before the police is not voluntarily and by force, the respondent police has forcibly obtained the statement.

4.The learned Additional Public Prosecutor would submit that the allegations made by the petitioner against the respondent are not correct. If the petitioner has disputed the statement, he can work out the remedy before the Civil Court. He further submitted that the dispute between the parties is civil in nature and therefore, there is no harassment by the respondent police. 5.Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is dismissed with liberty to petitioner to approach the Civil Court for getting necessary orders If so advised.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

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

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

+cc to Mr.D.Senthil,Advocate,SR.NO.63112 Crl.O.P.(MD).No.6606 of 2018 24.04.2018 AM PS/RSK/SAR-2/11.05.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/