Madras High CourtCRL OP(MD)/3984/2017disposed of

Arul Anthony Savari, v. The Superintendent Of Police,

2017-04-06Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.3984 of 2017 Arul Anthony Savari, Proprietor of A.A.Constructions, No.1-352, South Street, Vadiyur - 627 861, V.K.Puthur (Taluk), Tirunelveli District : Petitioner -Vs1. The Superintendent of Police, Tirunelveli District, Tirunelveli.

2. The Deputy Superintendent of Police, Alangulam Circle, Alangulam,

3. The State Rep. By The Inspector of Police, Alangulam Police Station,

4. A.Arul Selvan : Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code to direct the second and third respondents not to interfere in the civil dispute between himself and the fourth respondent in respect of the property wherein the petitioner undertakes to put up construction on the basis of the builder agreement dated 25.08.2016 in Survey No.33-1-C situated at Anddiipatti Village, Alangulam Taluk, Tirunelveli District and also discontinue the harassment being made in this regard forthwith and thus render justice.

For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.side) For R1 to R3

O R D E R

This petition has been filed to direct the second and third respondents not to interfere in the civil dispute between himself and the fourth respondent in respect of the property wherein the petitioner undertakes to put up construction on the basis of the builder agreement dated 25.08.2016 in Survey No.33-1-C situated at Anddiipatti Village, Alangulam Taluk, Tirunelveli District and also discontinue the harassment being made in this regard forthwith and thus render justice.

2. Heard the learned counsel for the petitioner and learned Government Advocate (Criminal side) appearing for the respondents 1 to 3 and perused the materials placed on record.

3. Ms.M.Umamaheswari, Sub-Inspector of Police, Alangulam Police Station, is present in Court today. On instructions, the learned Government Advocate (Criminal side) submitted that, on the complaint given by one A.Kumari Latha a petition enquiry is pending against the petitioner before the third respondent.

4. 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 third respondent is free to register an FIR and this order shall not be a shield for the petitioner against arrest.

5. With the above direction, this petition is closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To

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

2. The Deputy Superintendent of Police, Alangulam Circle, Alangulam,

3. The Inspector of Police, Alangulam Police Station,

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

+ 1 CC TO Mr.S.PALANI VELAYUTHAM, ADVOCATE IN SR No. 50884 CP/SSL TE/JC/SAR-II : 12/04/2017 : 3P/6C CRL.O.P.(MD)No.3984 of 2017 Dated: 06.04.2017