Madras High CourtCRL OP(MD)/8832/2021dismissed as infructuous

P.Kuttiraj v. The Superintendent Of Police

2021-08-24Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8832 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8832 of 2021 P.Kuttiraj ... Petitioner Vs.

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

2.The Sub-Inspector of Police, Koomapatti Police Station, Virudhunagar District.

3.Kaliammal ... Respondents PRAYER : This Criminal Original Petition is filed under Section 482 Criminal Procedure Code directing the second respondent police not to harass the petitioner by frequently summoning him to appear before the respondent's police office under the guise of enquiry since the matter pertaining to the civil dispute. For Petitioner : Mr.A.D.Ganesamoorthy For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to the second respondent police not to harass the petitioner by frequently summoning under the guise of enquiry.

2. When the matter was taken up for hearing today, the learned Additional Public Prosecutor submitted that based upon the complaint given by the third respondent enquiry was undertaken in CSR No.52 of 2021 and for the purpose of further consideration it was adjourned to 26.07.2021. It was submitted that the petitioner did not appear for enquiry to be completed and a direction was issued to the petitioner to appear before the Enquiry Officer and co-operate with him to complete the enquiry. Similarly it is also submitted that the petitioner has also given a complaint which was not enquired. The Additional Public Prosecutor submitted that the said petition was closed two months back on the ground that it is purely civil dispute.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8832 of 2021

3. When the matter is taken up today, the learned Additional Public Prosecutor would submit that enquiry was conducted and it was closed on 13.08.2021 and during the course of enquiry, the third respondent has given a statement to the effect that he will not make any trouble and in respect of the issue they will work out remedy through appropriate civil proceedings and on that ground only further action was not pressed by the third respondent.

4. Since the complaint given by the third respondent remained closed, nothing survives for further consideration or direction. This petition is disposed of as infructuous.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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, Virudhunagar District, Virudhunagar.

2.The Sub-Inspector of Police, Koomapatti Police Station, Virudhunagar District.

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

Crl.O.P.(MD)No.8832 of 2021 24.08.2021 RK (01.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2