Selvi v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2020

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI 1.Selvi 2.Radha 3.Kathiresan 4.Palanichamy 5.Murugesan 6.Bhuvaneswari .. Petitioners Vs.

1.The Deputy Superintendent of Police, Anti Land Grabbing Cell, District Crime Branch, Dindigul, Dindigul District.

2.The Inspector of Police, Anti Land Grabbing Cell, District Crime Branch, Dindigul, Dindigul District.

3.Rani .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct 1st and 2nd respondents not to harass the petitioners in the name of enquiry based on the complaint given by the 3rd respondent herein and to interfere in to their family civil dispute.

For Petitioner : Mr.N.Sathish Babu For Respondent : Mr.K.K.Ramakrishnan for R1 and R2 Additional Public Prosecutor Mr.Sasikumar for R3

ORDER

The petitioners have approached this Court stating that the respondents 1 and 2 are harassing them under the guise of enquiry based on the complaint lodged by the third respondent. 2.According to the petitioners, the third respondent lodged a complaint with the Superintendent of Police, Madurai District, which was forwarded to the second respondent for enquiry. The gist of the complaint is that the petitioners stood as witnesses for a fabricated document registered in the Sub-Registrar Office. 1/3

3.The learned Additional Public Prosecutor on instructions, submits that a complaint has been received stating that these petitioners have fabricated the document without any title over the property. During the enquiry, these petitioners have been summoned for producing their records, if any in support of them, to ascertain the veracity of the complaint. The petitioners instead of submitting the records before the respondent police, have approached this Court to evade the enquiry before the respondent police. 4.Mr.Sasikumar, learned counsel appearing for third respondent has also submitted that the complaint has been lodged in the month of May 2020 and the petitioners have appeared for enquiry before the second respondent police and they sought time for producing document and now for evading the enquiry, they have approached this Court by way of this petition.

5.Heard Mr.N.Sathish Babu, learned counsel for the petitioner, Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor appearing for the respondents 1 and 2 and Mr.Sasikumar, learned counsel appearing for the 3rd respondent.

6.Considering the facts and circumstances of the case, without expressing any opinion on merits of the dispute between the parties, this Court directs the petitioners to appear before the second respondent within a period of one week from the date of receipt of a copy of this order and co-operate for the enquiry pending on the file of the second respondent. In the meantime, the second respondent shall not harass the petitioners and shall verify the records if any and proceed in accordance with law as per section 41A of Cr.P.C.

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

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) TM/PM 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, that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The Deputy Superintendent of Police, Anti Land Grabbing Cell, District Crime Branch, Dindigul, Dindigul District.

2.The Inspector of Police, Anti Land Grabbing Cell, District Crime Branch, Dindigul, Dindigul District.

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

23.06.2020 CS(02.07.2020) 3P 4C 3/3