Madras High CourtCRL OP(MD)/5482/2017allowed

Krishna Rajan, v. The Superintendent Of Police,

2017-06-01Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2017

CORAM

THE HONOURABLE MR. JUSTICE A.M.BASHEER AHAMED Crl.O.P.(MD)No.5482 of 2017 Krishna Rajan : Petitioner

Versus

1.State Rep.by, The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Deputy Superintendent of Police, Kanyakumari, Kanyakumari District.

3.The Inspector of Police, Kanyakumari Police Station, Kanyakumari district.

4.The Sub Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

5.Mathewkutty Joseph 6.Sony Thomas, 7.SanJose Kalloor 8.Sam Tom : Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the second to fourth respondents herein not to interfere in the civil dispute of the Petitioner's family properties comprised in old survey No.106C correlated to R.S.No.606/10, and R.S.No.606/11. For Petitioner : Mr.N.S.Rama Krishnadass For Respondents : Mr.K.Anbarasan, R1 to 4 Government Advocate (Crl. Side) ********

O R D E R

Heard both sides.

2. The learned counsel appearing for the petitioner would submit that a suit for partition in O.S.No.6 of 2014 filed by the petitioner and his family members is pending before the learned II Additional Subordinate Judge, Nagercoil. He would further https://hcservices.ecourts.gov.in/hcservices/

submit the respondents 5 to 8 are the Additional land owners and they have filed a petition to implead themselves as parties to the suit and the same is pending.

3. The learned Government Advocate (Crl. Side) appearing for the respondents 2 to 4 submitted that the respondents 2 to 4 will not interfere with the property of the petitioner and his family members.

4. Recording the statement of the learned Government Advocate (Crl. Side), this court is inclined to direct the respondents 2 to 4 herein not to interfere with the civil dispute of the petitioner's family properties. Further, the respondents 2 to 4 are also directed not to harass the petitioner and his family members under the guise of enquiry, but let the police investigate into the matter in accordance with law and the mandates as found set out in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. If really, the police want to interrogate, it is open for the police to issue summons to the petitioner. Thereupon, the petitioner shall appear before the police and submit himself for interrogation.

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

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Deputy Superintendent of Police, Kanyakumari, Kanyakumari District.

3.The Inspector of Police, Kanyakumari Police Station, Kanyakumari district.

4.The Sub Inspector of Police, Kanyakumari Police Station, Kanyakumari District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +One cc to Mr.N.R.Ramakrishnadass, Advocate, SR.No.58072 trp/rmk RL/7C/2P/MR/SAR1/8.6.2017 Order made in Crl.O.P.(MD)No.5482 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 01.06.2017