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Madras High CourtWP(MD)/1041/2017ordered

Murugan v. The Superintendent Of Police

2017-03-27Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2017

CORAM:

THE HON'BLE MR.JUSTICE P.N.PRAKASH WP(MD)No. 1041 of 2017 and 25050/2016 W.P.No.1041/2017 Murugan ... Petitioner Vs.

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

2.The Inspector of Police, Gudalur North Police Station, Gudalur, Theni District.

3.The Sub Inspector of Police, Gudalur North Police Station, Gudalur, Theni District.

4.The Sub Inspector of Police, Gudalur South Police Station, Gudalur, Theni District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus or direction by directing the respondens 2 to 4 not to harass the petitioner and his family members by way of exceeding their official duty bound by them without following due process of law.

For Petitioner :

Mr.B.Thangamani For Respondents:

Mr.S.Mohammed Mohideen (Additional Government Pleader) W.P.No.25050/2016:

Sangeetha ... Petitioner Vs.

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

2.The Sub Inspector of Police, Gudalur South Police Station, Gudalur, Theni District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus or direction by directing the respondens to take appropriate legal action based on the

petitioner's complaint dated 23.12.2016 and to give adequate police protection to the petitioner and her family members. For Petitioner :

Mr.A.Saravanan For Respondents:

Mr.S.Mohammed Mohideen (Additional Government Pleader) C O M M O N O R D E R The petitioners are husband and wife and there seem to be having some financial transaction with one Malairaja and that the said Malairaja is said to be harassing the petitioners. Therefore, they are before this Court with these petitions for the aforesaid relief.

2.Heard the learned counsel for the petitioners and the learned Additional Government Pleader for the respondents. 3.During the course of police enquiry, Sangeetha, the petitioner in W.P.No.25050/2016 has given a statement that she will settle all her disputes with Malairaja before the civil Court. In view of the statement given by her, the complaints have been closed. 4.Under such circumstances, this Court directs the police not to harass the petitioners in the guise of enquiry on the complaint given by Malairaja, unless the complaint discloses the commission of cognizable offences, for which, the police can register an FIR and take action in accordance with law.

With the above directions, these writ petitions are disposed of. No costs.

Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Gudalur North Police Station, Gudalur, Theni District.

3.The Sub Inspector of Police, Gudalur North Police Station, Gudalur, Theni District.

4.The Sub Inspector of Police, Gudalur South Police Station, Gudalur, Theni District.

+1 CC to M/s.THE SPECIAL GOVERNMENT PLEADER, SR No. 18387. RR PSM/JC/SAR4/13.04.2017/3P/6C W.P.(MD)Nos.1041 of 2017 and 25050/2016 27.03.2017