Vijay Anand v. The Sub-Divisional Magistrate

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.9669 of 2019 1.Vijay Anand 2.Muthukumar ... Petitioners Vs.

1.The Sub Divisional Magistrate Sivakasi Sub Division Virudhunagar District 2.The Inspector of Police Town Police Station Sivakasi 3.Mr.P.S.Selvaraj Inspector of Police(Retired) 2/67, South Street, Maaraneri Sivakasi 4.The Chairman Kammavar Nayakar Society Maaraneri Sivakasi ....Respondents Prayer: This Criminal Original Petition has been filed under Section 482 Cr.P.C. to direct the second respondent police not to harass the petitioners on the guise of enquiry. For Petitioners : Mr.R.M.Arun Swaminathan For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent police not to harass the petitioners under the guise of enquiry.

2.The grievance of the petitioners is that there was a dispute between the two set of people regarding maintenance of temple. Earlier, a Peace Committee Meeting has been conducted by the Tahsildhar, in which order has been passed. Subsequently, a proceedings under Section 107 Cr.P.C has been initiated. In this circumstance, the second respondent police colluded with the third https://hcservices.ecourts.gov.in/hcservices/

respondent, who is the retired Police Officer and harassing the petitioner. Hence, the present Criminal Original Petition has been filed.

3.Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl.Side), appearing for the respondents 1 & 2, on instructions, would submit that there are two group of people are fighting for administrating the temple. Earlier, a peace committee meeting was conducted by the Thasildhar, in which both parties have entered into compromise. Further, to avoid any untoward incident, the second respondent police has sent a report to the Executive Magistrate to initiate the proceedings under Section 107 Cr.P.C and it is pending before the Executive Magistrate, the second respondent police is not harassing the petitioner.

4. Considering the fact that already the proceedings under Section 107 Cr.P.C is pending before the Executive Magistrate and also considering the fact that it is an internal dispute between two group with regard to maintenance of temple, the prayer sought for by the petitioner cannot be granted. Accordingly, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To:

1.The Sub Divisional Magistrate Sivakasi Sub Division Virudhunagar District 2.The Inspector of Police Town Police Station Sivakasi

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

MSA Crl.O.P.(MD)No.9669 of 2019 09.07.2019 KM/(22.07.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/