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Madras High CourtCRL OP(MD)/10364/2021disposed of

M.Manikam v. The Superintendent Of Police

2021-10-05Honourable Mr Justice G.Ilangovan2 pages

Crl.OP(MD).No.10364 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.10364 of 2021 M.Manikam ... Petitioner vs.

1.The Superintendent of Police, Sivagangai District.

2.The Inspector of Police, District Crime Branch, Sivagangai District.

3.Pushpa @ Petchiammal ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue direction directing the 2nd respondent police not to harass the petitioner on the guise of enquiry on the basis of the complaint lodged by the 3rd respondent in respect of the property comprised in S.No.191/3 Mangudi Village, Sivagangai District.

For Petitioner : Mr.R.G.Sankar Ganesh For R1 & R2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

This petition is filed seeking direction to direct the second respondent police not to harass the petitioner under the guise of enquiry, based upon the complaint lodged by the third respondent, in respect of the property comprised in S.No.191/3 Mangudi Village, Sivagangai District.

2. When the matter was taken up for hearing on 02.08.2021, based upon the submission made by the learned Additional Public Prosecutor, the petitioner was directed to appear before the Enquiry Officer and co-operate with him to complete the enquiry. For informing the outcome of the enquiry, the matter was listed today.

3. When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that the petitioner did not appear before the Enquiry Officer and co-operate with him to complete the enquiry process.

4. The learned counsel for the petitioner would submit that it is purely a civil dispute and the previous complaints given by the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP(MD).No.10364 of 2021 third respondents have been closed. So, after the closure of the previous complaints, on 28.04.2021, another complaint appears to be given.

5. It is seen that the successive complaints have been given by the third respondent. So, the petitioner was directed to appear before the Enquiry Officer and co-operate with him to complete the enquiry. But, he did not comply the order passed by this Court. So, another direction was issued to the petitioner to appear before the second respondent herein and produce all the document available with him. Earlier complaint given by the third respondent came to be closed and it was found true. So, the second respondent has closed the further enquiry.

6. Since the complaint given by the third respondent was closed, no further consideration or direction is required in this matter and the question of harassment, may not arise. If any trouble arises, the petitioner is to work out his remedy through proper proceedings.

7. With the above said liberty, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (AD I) // True Copy // / /2021 Sub Assistant Registrar(CS) dss 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,Sivagangai District. 2.The Inspector of Police, District Crime Branch,Sivagangai District.

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

Crl.OP(MD)No.10364 of 2021 05.10.2021 https://hcservices.ecourts.gov.in/hcservices/ MGJ/PM(02.11.2021) 2P 4C 2/2