Madras High CourtCRL OP(MD)/8863/2021disposed of

V.Boominathan v. The Superintendent Of Police

2021-07-07Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8863 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8863 of 2021 V.Boominathan ... Petitioner Vs.

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

2. The Inspector of Police, Mannachanallur Police Station, Trichy District.

3. S.Ashokkumar ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent not to indulge in Kattapanchayat under the guise of enquiry on the foisted complaint of the 3rd respondent.

For Petitioner : Mr.T.Lenin Kumar For R1 and R2 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

This petition is filed seeking a direction to the 2nd respondent not to indulge in Kattapanchayat under the guise of enquiry based on the complaint given by the 3rd respondent.

2. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor as well as the learned counsel for the petitioner submits that based on the complaint given by one Ramesh as against the petitioner, a case has been registered in Cr.No.406 of 2021 for the offence punishable under Sections 379 IPC.

3. According to the learned Additional Public Prosecutor, the subject matter in the petition as well as in the FIR are one and the same.

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Crl.O.P.(MD)No.8863 of 2021

4. Since the case has been registered in Cr.No.406 of 2021, the question of harassment does not arise. However, it is open to the petitioner to work out his remedy as per law.

5. In view of the above, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy 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, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To

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

2. The Inspector of Police, Mannachanallur Police Station, Trichy District.

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

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