Madras High CourtCRL OP(MD)/17156/2017disposed of

M.Abdul Rasak v. The Superintendent Of Police

2018-08-03Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2018

CORAM

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD) No.17156 of 2017 M.Abdul Rasak .. Petitioner vs.

1. State rep. by, The Superintendent of Police, Tirunelveli District.

2. The Inspector of Police, Kadayam Police Station, Tirunelveli District.

3.Suresh, The Sub Inspector of Police, Kadayam Police Station, Tirunelveli District.

4.Sekar, The Sub Inspector of Police, Kadayam Police Station, Tirunelveli District.

5.Mymoon Banu .. Respondents Petition is filed under Section 482 of Code of Criminal Procedure to direct the respondents 3 & 4 not to harass the petitioner and his family members by interferring into the civil dispute without following due process of law and to take action against them on the basis of the notice sent on behalf of petitioner before the 1st respondent dated 01.12.2017.

For Petitioner : Mr.B.Brijesh Kishore For Respondents 1 & 2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor For Respondent No.5 : Mr.P.Samuel Gunasingh

O R D E R

This petition has been filed seeking a direction to the respondents 3 & 4 not to harass the petitioner and his family members by interfering into the civil dispute without following due process of law and to take action against them on the basis of the https://hcservices.ecourts.gov.in/hcservices/

notice sent on behalf of petitioner before the 1st respondent dated 01.12.2017.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. According to the petitioner, the complaint preferred by the fifth respondent, sister of the petitioner is purely civil in nature. Therefore, he filed the present petition before this Court seeking a direction to the third respondent not to harass the petitioner.

4. According to the learned Additional Public Prosecutor, the complaint is still pending; if the petitioner cooperates for enquiry, the complaint will be completed within a period of two weeks.

5. Mr.P.Samuel Gunasingh, learned counsel appearing for the 5th respondent would submit that appropriate direction may be issued to complete the enquiry within the time as fixed by this Court.

6. In view of the above said submission, the second respondent is directed to complete the enquiry within a period of two weeks from the date of receipt of the copy of this order. The second respondent shall conduct the enquiry, after providing sufficient opportunities to the parties concerned.

7. With the above direction, the Criminal Original Petition is disposed of.

Sd/ Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Tirunelveli District.

2. The Inspector of Police, Kadayam Police Station, Tirunelveli District.

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

Crl.O.P.(MD) No.17156 of 2017 03.08.2018 pjl KK/RP/SAR-3/06.09.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/