Madras High CourtCRL OP(MD)/5302/2021disposed of

Sree Kumar v. The Superintendent Of Police

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

Crl.O.P.(MD)No.5302 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.5302 of 2021 Sreekumar ... Petitioner Vs.

1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The State Through The Inspector of Police, Colachel Police Station, Kanyakumari District.

... Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent not to harass the petitioner based on the complaint given by A.Veronica Jaqualin.

For Petitioner : Mr.S.J.Chakkkaravarthy For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Criminal side)

ORDER

The present petition is filed seeking a direction to the respondents not to harass the petitioner under the guise of an enquiry.

2.The case of the petitioner is that he is working as a coolie. In the year 2014, the petitioner and one Veronica Jaqualin was having property dispute, in which, the suit in O.S.No.184 of 2014 is pending before the Sub-Court, Eraniel. During the pendency of the civil suit, the above said Veronica Jaqualin gave a false complaint against the petitioner before the Manavalakur Police Station, which was registered in Crime No.192 of 2017 for the alleged offences under Sections 294(b), 506(ii) of IPC r/w Section 4 of TNPWH Act. Based upon the complaint given by the above said Veronica Jaqualin, the proceedings under Section 110 of Cr.P.C. was initiated. The second respondent insisted the petitioner to appear before the second respondent for enquiry. But under the guise of an enquiry, the second respondent is harassing the petitioner. Hence, the present petition is filed before this Court.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5302 of 2021 3.Heard the learned counsel on either side.

4.The learned Government Advocate (Criminal side) for the respondents would submit that based upon the complaint given by one Veronica Jaqualin, the proceedings under Section 110 of Cr.P.C., was also initiated and this petitioner appeared before the concerned authority and also executed bond and so, there is no question of harassment except the above said proceedings. 5.In the light of the above submission made by the learned Government Advocate (Criminal side), nothing survives for further adjudication in this case and accordingly, the Criminal Original Petition is closed.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :

In view of the present lock down owing to COVID-19 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.

sji To 1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Inspector of Police, Colachel Police Station, Kanyakumari District.

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

Crl.O.P.(MD)No.5302 of 2021 21.04.2021 GS (10.06.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2