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Madras High CourtCRL OP(MD)/9664/2019disposed of

Jothi v. The Superintendent Of Police

2019-07-09Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.9664 of 2019 Jothi ... Petitioner Vs.

1.The Superintendent of Police Ramanathapuram Ramanathapuram District 2.The Deputy Superintendent of Police Kilakarai Ramanathapuram District 3.The Inspector of Police Thiruthirakosamangai Police Station Ramanathapuram District 4.Viswanathan ....Respondents Prayer: This Criminal Original Petition has been filed under Section 482 Cr.P.C. to direct the respondent police not to harass and not to interfere with the petitioner's property right. For Petitioner : Mr.J.M.Hassanul Bazari For Respondents 1 to 3 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the respondent police not to harass the petitioner and not to interfere with the petitioner's civil rights. 2.The grievance of the petitioner is that there was a civil dispute between the petitioner and the fourth respondent. Based on the complaint given by the fourth respondent, the third respondent police is unnecessarily harassing the petitioner under the guise of enquiry. Hence, the petitioner has filed this Criminal Original Petition.

3.Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl.Side), appearing for the respondents 1 to 3, on instructions, would submit that there was a serious dispute between the petitioner and the fourth respondent. Due to that F.I.R has been registered https://hcservices.ecourts.gov.in/hcservices/

against both parties and the investigation is pending. The learned Government Advocate would further submit that since the petitioner and the fourth respondent are causing law and order problem, a request was made to the concerned Executive Magistrate to initiate the proceedings under Section 107 Cr.P.C and the same is pending.

4. Considering the fact that the F.I.Rs have been registered against both parties and the proceedings under Section 107 Cr.P.C is pending before the Executive Magistrate, the prayer sought for by the petitioner cannot be granted and hence, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (AD-I) / True Copy / Sub Assistant Registrar(CS- ) msa To:

1.The Superintendent of Police Ramanathapuram Ramanathapuram District 2.The Deputy Superintendent of Police Kilakarai Ramanathapuram District 3.The Inspector of Police Thiruthirakosamangai Police Station Ramanathapuram District

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

Crl.O.P.(MD)No.9664 of 2019 09.07.2019 ES/22.07.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/