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Madras High CourtCRL OP(MD)/11846/2022disposed of

Vijayaraj v. The Superintendent Of Police

2024-02-07Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.11846 of 2022 Vijayaraj ... Petitioner Vs.

1.The Superintendent of Police, O/o. the Superintendent of Police, Dindigul District.

2.The Inspector of Police, Natham Police Station, Natham, Dindigul District.

3.Anburani

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, directing the second respondent herein not to harass the petitioner on the guise of enquiry except under due process of law. For petitioner : Mr.A.Shajahan For R-1 & R-2 : Mr.S.Manikandan, Government Advocate (Criminal Side) 1/4

O RDER This petition has been filed seeking for a direction to the second respondent herein not to harass the petitioner on the guise of enquiry except under due process of law.

2. The case of the petitioner is that the petitioner was intending to install electric post in his land. During the erection of the electric post, the third respondent's mango tree was damaged while using the JCB, due to which, the third respondent made a complaint before the respondent Police. Thereby, the respondent Police called the petitioner for enquiry with regard to the above said occurrence, for which, the petitioner appeared before them, at that time, the respondent Police had harassed him.

3. When the matter was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the respondent Police would submit that based on the complaint given by the third respondent, FIR in Crime No.226 of 2022 has been registered by the second respondent Police for the offence under Sections 294(b), 447 and 427 IPC and the investigation is now pending. 2/4

4. In view of the above, the Criminal Original Petition stands disposed of. Liberty is granted to the petitioner to work out his remedy in the manner known to law.

07.02.2024 Index : Yes/No Internet : Yes/No TSG To 1.The Superintendent of Police, O/o. the Superintendent of Police, Dindigul District.

2.The Inspector of Police, Natham Police Station, Natham, Dindigul District.

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

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M.DHANDAPANI. J.

TSG 07.02.2024 4/4