C.Subiramaniyan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN CRL.O.P.(MD)No.9768 of 2023 C.Subiramaniyan ... Petitioner Vs.

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

2.The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

3.Ramasubramaniyan 4.P.Mangai ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, praying this Court to direct the respondents 2 and 3 not to harass the petitioner without following due process of law, based on the petitioner's complaint dated 01.06.2023.

For Petitioner : Mr.G.Hariharan For R1 & R2 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor For R4 : Mr.R.Jegadeeswaran 1/4

O RDER This Criminal Original Petition is filed seeking for a direction to the respondents 2 and 3 not to harass the petitioner without following due process of law based on the petitioner's complaint dated 01.06.2023. 2.It is submitted by the learned counsel appearing for the petitioner that the dispute between the petitioner and the 3rd respondent is civil in nature, thereby, the respondent Police has no role to play. He has further submitted that earlier, the petitioner has approached this Court in CRL.O.P.(MD)No.20270 of 2022, wherein this Court based on the submissions of the learned Additional Public Prosecutor, by order dated 23.11.2022, has directed both the parties to approach the Civil Court for redressal of their grievance. 3.The learned Additional Public Prosecutor for the respondents 1 and 2 submitted that in this case since the complaint has been received only on 01.06.2023, the same is registered in C.S.R.No.620 of 2023 and notice is being given and that the respondent Police will complete all the formalities within a period of two weeks.

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4.In view of the same, the respondent Police is directed to take into consideration of the order of this Court dated 23.11.2022 made in CRL.O.P.(MD)No.20270 of 2022 prior to the conclusion. It is needless to say that in case any offence is committed or attempted to have been committed, the same can be considered. Accordingly, this Criminal Original Petition is disposed of.

10.07.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No Yuva To 1.The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

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

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DR.D.NAGARJUN. J.

Yuva CRL.O.P.(MD)No.9768 of 2023 10.07.2023 4/4