Madras High CourtCRL OP(MD)/9311/2018disposed of

P. Manohar v. The Superintendent Of Police

2018-06-11Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.OP.(MD) No.9311 of 2018 P.Manohar ... Petitioner Vs.

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

2. State rep. by The Inspector of Police, Land Grabbing Cell, Palayamkottai, Tirunelveli District.

... Respondents PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents not to harass the petitioner under the guise of enquiry by the 2nd respondent police. For Petitioner : Mr.S.T.Sasidharan Tamilkani For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)

ORDER

The Criminal Original Petition is filed to direct the second respondent not to harass the petitioner under the guise of enquiry. 2.Heard Mr.S.T.Sasidharan Tamilkani, learned Counsel for the petitioner and Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl. side), who takes notice for the respondents.

3. The learned Government Advocate (Crl. side) would strongly contend that there is no harassment at the hands of the respondents and would submit that the petitioner is not appearing before the respondents and as such not co-operating for the investigation. He would, however, submit that during the preliminary enquiry, it is found that the complaint preferred by the petitioner against the proposed accused is civil in nature and therefore, if the enquiry confirms that it is a civil dispute, then the same will be closed. https://hcservices.ecourts.gov.in/hcservices/

4. In view of the said submission, the petitioner is directed

to cooperate with the respondents and the respondents are directed not to harass the petitioner. Needless to mention that if the enquiry reveals that the dispute is civil in nature, then the respondents shall close the same, in the manner known to law.

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

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Land Grabbing Cell, Palayamkottai, Tirunelveli District.

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

+ 1 CC TO Mr.S.T.SASIDHARAN TAMILKANI, ADVOCATE IN SR No. 67530 GK TE/JC/SAR-4 : 20/06/2018 : 2P/5C CRL.OP.(MD) No.9311 of 2018 11.06.2018 https://hcservices.ecourts.gov.in/hcservices/