K.Aruchamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.K.Aruchamy 2.Pappathi @ Kumarathal ... Petitioners Vs.

1.The Superintendent of Police, 2.The Deputy Superintendent of Police, Palani, Dindigul District.

3.The Inspector of Police, 4.Mohamed Hammed, The Sub-Inspector of police, 5.Subramani 6.Ramadurai ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to issue a direction to the respondents 3 and 4 to not to harass the petitioners on the basis of false complaint given by the fifth respondent, furthermore on the basis of the representation, dated 06.03.2021 direct the first and second respondent monitoring the enquiry conducted by the third and fourth respondent and return the unfilled signed promissory note of the fifth respondent from the sixth respondent and the original parental document regarding the first petitioner's land in Survey No.112/27 with the extent of 5 1⁄2 cents situated at Melakaraipatti which are in the illegal custody of the sixth respondent.

For Petitioners : Mr.N.V.Nagenthran, Advocate For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor For R4 : Mr.P.Saravanan, Advocate 1/3

ORDER

This Criminal Original Petition has been filed to issue a direction to the respondents 3 and 4 to not to harass the petitioners on the basis of false complaint given by the fifth respondent and direct the first and second respondents to monitor the enquiry conducted by the third and fourth respondent on the basis of the representation, dated 06.03.2021 and return the unfilled signed promissory note of the fifth respondent from the sixth respondent and the original parental document regarding the first petitioner's land in Survey No.112/27 measuring to an extent of 5 1⁄2 cents situated at Melakaraipatti, which are in the illegal custody of the sixth respondent.

2.The learned Additional Public Prosecutor would submit that on the complaint given by the defacto complainant, petition enquiry was conducted and the same was closed on 19.08.2021. The same is recorded.

3.It is made clear, now that the complaint has been closed, the respondent police shall not call the petitioners in the guise of enquiry and harass them.

4.With the above observation, this Criminal Original Petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) 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, 2.The Deputy Superintendent of Police, Palani, Dindigul District.

3.The Inspector of Police, 2/3

4.The Sub-Inspector of police, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

11.02.2022 RS(24.02.2022) 3P-6C 3/3