Madras High CourtCRL OP(MD)/3495/2017closed

Ramakrishnamurthy v. The Superintendent Of Police,

2017-03-24Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2017

CORAM:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.3495 of 2017 Ramakrishnamurthy ... Petitioner Vs.

1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Gudalur North Police Station, Gudalur, Theni District.

3.Subramanian Special Sub Inspector of Police, Gudalur North Police Station, Gudalur, Theni District.

4.Deivendran ... Respondents Prayer: Petition filed under section 482 of Criminal Procedure Code to direct the 1st respondent herein to suitably direct the 2nd and 3rd respondents not to harass the petitioner in the guise of enquiry based on the complaint given by the 4th respondent. For Petitioner :Mr.M.Karuppasamy Pandian For Respondents :Mr.A.P.Balasubramani, for R1 to R3 Government Advocate (Crl. side)

O R D E R

This petition has been filed for a direction to the 1st respondent herein to suitably direct the 2nd and 3rd respondents not to harass the petitioner in the guise of enquiry based on the complaint given by the 4th respondent.

2. Heard the learned counsel for the petitioner and learned Government Advocate (Criminal side) appearing for the respondents 1 and 2 and perused the materials placed on record. https://hcservices.ecourts.gov.in/hcservices/

3. Mr.S.Ganesan, Special Sub-Inspector of Police, Gudalur North Police Station, Theni District, is present in Court today. On instructions, the learned Government Advocate (Criminal side)

submitted that, on the complaint given by one Deivendran, a petition enquiry is pending.

4. The learned counsel for the petitioner submitted that the entire dispute is civil in nature, inasmuch as there is an agreement dated 13.11.2013 between the petitioner and Deivendran, in spite of which, the said Deivendran is making false allegations.

5. In view of the above, the petitioner is directed to participate in the enquiry and during enquiry, he shall not be harassed. During the course of enquiry, if any cognizable offence is made out, the second respondent is free to register an FIR and this order shall not be a shield for the petitioner against arrest.

With the above direction, this petition is closed. Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Gudalur North Police Station, Gudalur Theni District.

3.The Special Sub Inspector of Police, Gudalur North Police Station, Gudalur, Theni District.

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

+1 CC TO MR.M.KARUPPASAMY PANDIAN, ADVOCATE,SR NO.17930 RR MAS/MR/SAR2:13.04.2017:2P-6C Crl.O.P.(MD)No.3495 of 2017 24.03.2017 https://hcservices.ecourts.gov.in/hcservices/