Francis v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Francis ... Petitioner Vs.

1.The Superintendent of Police, Nagercoil, Kanniyakumari District.

2.The Inspector of Police, Kadayal Police Station, Kaliyal Post, Kanniyakumari District.

3.D.Benner Raj ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the 2nd respondent herein not to harass the petitioner and his family members along with close relatives and friends for conducting their joint family prayer in building 433/2D1 Kaliyal Village, Saralvilagam, Kadayal, Kaliyal Post, Kanniyakumari District.

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For Petitioner : Mr.M.Punitha Deva Kumar For Respondents : Mr.R.Suresh Kumar for R1 and R2 Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking direction to the 2nd respondent herein not to harass the petitioner and his family members along with close relatives and friends for conducting their joint family prayer in building 433/2D1 Kaliyal Village, Saralvilagam, Kadayal, Kaliyal Post, Kanniyakumari District. 2.The second respondent police is present before this Court today and submitted that the place, in which the above said prayer is conducted by the petitioner alleged to belongs to one Manohar. He gave a complaint against this petitioner and others as if they are conducting the prayer by causing disturbances to the neighbours. Based upon the above said complaint, enquiry was undertaken by the Revenue Divisional Officer, Padmanabhapuram, under Section 107 Cr.P.C. proceedings, on the basis of the recommendation made by the Inspector of Police, Arumanai. It is also stated to be pending. The proceedings shows that this petitioner is 2/4

not a party. But his brother namely Pusparaj is a party. 3.Let the petitioner also appear before the competent authority and workout their remedy before the authority itself. Depending upon the order to be passed in the above said proceedings further action can be taken either by the competent authority or by the parties concerned, if so they are aggrieved.

4.With the aforesaid directions, this criminal original petition is disposed of.

28.04.2023 Index :

Yes / No Internet :

Yes / No TM To 1.The Superintendent of Police, Nagercoil,Kanniyakumari District. 2.The Inspector of Police, Kadayal Police Station, Kaliyal Post, Kanniyakumari District.

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

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G.ILANGOVAN ,J.

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