R. Subbiah Thevar v. The Superintendent Of Police

Crl.OP(MD).No.12682 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.12682 of 2021 Subbiah Thevar ... Petitioner vs.

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

2.The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

3.Thangamuniyasamy ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent not to harass the petitioner and his family members under the guise of petition enquiry.

For Petitioner : Mr.S.Muniyandi 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 not to harass the petitioner and his family members under the guise of petition enquiry, on the basis of the the complaint, given by the third respondent herein.

2. When the matter was taken up for hearing on 02.09.2021, the learned counsel for the petitioner would submit that based upon the fake document, the third respondent claimed right over the property in S.No.542/A1. Based upon the complaint, given by the third respondent, the second respondent called him for enquiry.

3. The learned Additional Public Prosecutor would submit that based upon the representation made by the third respondent, enquiry was undertaken in CP.No.4 of 2021.

4. For circulating a copy of the complaint, the matter was listed today.

https://hcservices.ecourts.gov.in/hcservices/

5. A copy of the complaint has also been circulated. On going 1/2

Crl.OP(MD).No.12682 of 2021 through the copy of the complaint, I find that the police protection has been sought by the third respondent for making fence in his property.

6. It appears that based upon that, the petitioner has been called for enquiry. So, the question of harassment may not arise.

7. The petitioner is directed to appear before the Enquiry Officer and co-operate with him to complete the enquiry. Depending upon the outcome of the enquiry, the second respondent may take further action.

8. I find no merit in this petition. With the above direction, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar (CS-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, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

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

Crl.OP(MD)No.12682 of 2021 05.10.2021 RD(22.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2