Madras High CourtCRL OP(MD)/10106/2019closed

B.Jeganathan v. The Commissioner Of Police

2019-07-18Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.10106 of 2019 B.Jegathesan ... Petitioner Vs.

1.The Commissioner of Police Madurai City @ Madurai 2.The Inspector of Police Tallakulam Police Station Madurai City @ Madurai 3.E.Shanthi

...Respondents

Prayer: This Criminal Original Petition has been filed under Section 482 Cr.P.C. to direct the respondents 1 & 2 not to harass the petitioner in the name of enquiry based on the complaint given by the 3rd respondent herein and not to interfere into the Civil dispute.

For Petitioner : Mr.N.Sahtish Babu For Respondents 1& 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 and 2 not to harass the petitioner under the guise of enquiry based on the complaint given by the 3rd respondent herein and not to interfere into the Civil dispute.

2. The grievance of the petitioner is that there was a civil dispute pending between the petitioner's family and the third respondent's family. Hence, the the petitioner has given a complaint against the third respondent before the second respondent police. So far the second respondent police has not taken any action against the petitioner's complaint. Now, based on the complaint given by the third respondent, the second respondent police is harassing the petitioner. Hence, the present criminal original petition has been filed.

https://hcservices.ecourts.gov.in/hcservices/ 3.Mr.K.Suyambulinga Bharathi, learned Government Advocate

(Crl.Side), appearing for the respondent police, on instructions, would submit that the second respondent police has only received a complaint from the third respondent. Based on that complaint, a case has been registered in Crime No.1105 of 2019 and the same is pending and the second respondent police has not received any complaint from the petitioner.

4.Considering the fact that a crime has been registered against the petitioner and the investigation is pending, the relief sought for by the petitioner cannot be granted at this stage and the Criminal Original Petition is liable to be dismissed. 5.Accordingly, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar (AE) // True Copy // Sub Assistant Registrar(CS) To:

1.The Commissioner of Police Madurai City @ Madurai 2.The Inspector of Police Tallakulam Police Station Madurai City @ Madurai 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc Mr.N.SATISH BABU ,Advocate, SR.No. 76193 Crl.O.P.(MD)No.10106 of 2019 18.07.2019 MSA KK/SAR/31.07.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/