Madras High CourtCRL OP(MD)/8922/2017closed

K.Periyandavar v. The Superintendent Of Police

2017-07-14Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.8922 of 2017 K.Periyandavar : Petitioner -Vs1. The Superintendent of Police, Virudhunagar District.

2. The Deputy Superintendent of Police, Sattur, Virudhunagar District.

3. The Inspector of Police, Vempakottai Police Station, Virudhunagar District.

4. The Sub Inspector of Police, Alangulam Police Station, Virudhunagar District.

5.Subbammal : Respondents PRAYER:Petition is filed under Section 482 of the Criminal Procedure Code to direct the 4th respondent not to harass the petitioner unlawfully in civil dispute and set liberty to the petitioner to approach civil forum for proper adjudication. For Petitioner : Mr.V.Maharajan For RR 1 to 4 : Mr.K.Anbarasan Government Advocate(Crl.Side)

O R D E R

This Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to direct the 4th respondent not to harass the petitioner under the guise of enquiry.

2. Heard Mr.V.Maharajan, learned counsel appearing for the petitioner and Mr.K.Anbarasan learned Government Advocate (Crl. Side) appearing for the respondents 1 to 4.

3. The learned counsel for the petitioner submit that in relation to the civil dispute between the petitioner and the 5th respondent, the 4th respondent police is harassing the petitioner under the guise of enquiry.

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

4.The submission of the learned counsel for the petitioner is strongly objected by the learned Government Advocate (Crl.Side) and on instruction, he would submit that the petitioner did not appear for any enquiry.

5. From the facts narrated in the present petition, the dispute appears to be civil in nature. Hence, the 4th respondent is directed to advice the petitioner or any other person to approach the Civil Court after preliminary enquiry with regard to the civil dispute. Even this enquiry shall be done after issuing summons to the parties fixing the date and time and in the manner known to law.

6. In view of the above observation, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Virudhunagar District.

2. The Deputy Superintendent of Police, Sattur, Virudhunagar District.

3. The Inspector of Police, Vempakottai Police Station, Virudhunagar District.

4. The Sub Inspector of Police, Alangulam Police Station, Virudhunagar District.

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

+1cc to Mr.V.Maharajan , Advocate Sr.No.65785 DAS/PJL VB/MR-KKR/SAR4/25.07.2017/2P/7C CRL.O.P.(MD)No.8922 of 2017 14.07.2017 https://hcservices.ecourts.gov.in/hcservices/