Marimuthu 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.11741 of 2023 Marimuthu ... Petitioner Vs.

1.The Superintendent of Police, Tenkasi District, Virudhunagar.

2.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

3.Madasamy ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, praying this Court to direct the 2nd respondent not to harass the petitioner under the guise of enquiry on the basis of the petitioner's representation dated 20.06.2023.

For Petitioner : Mr.M.Sankar For R1 & R2 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor For R3 : Mr.R.J.Karthick 1/4

O RDER This Criminal Original Petition is filed seeking for a direction to the respondent Police not to harass the petitioner under the guise of enquiry on the basis of the petitioner's representation dated 20.06.2023. 2.It is submitted by the learned counsel appearing for the petitioner that the petitioner and his family members have been worshipping the 'Hindu Pathi Madasamy Temple' situated at Thangammalpuram East Main Road, V.K.Pudur Taluk, Tenkasi District, belonging to the petitioner. He further submitted that the 3rd respondent has filed a suit in O.S.No.313 of 2021 against the petitioner and others in respect of the temple and other properties and the same is pending. However, on the basis of a representation given by the 3rd respondent, the Police are harassing.

3.On the other hand, the learned Additional Public Prosecutor appearing for the respondents 1 and 2 has submitted that the respondent Police issued notice to the petitioner, but, he has failed to attend the enquiry and filed this petition.

2/4

4.During the course of submission, the learned counsel for the petitioner has undertaken before this Court that the petitioner would attend for enquiry before the Police.

5.In view of the above, the petitioner is directed to appear before the respondent Police and within two weeks from the date of appearance of the petitioner, the respondent Police is directed to close the petition on merits and in accordance with law.

6.With this direction, this Criminal Original Petition is closed. 10.07.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No Yuva To 1.The Superintendent of Police, Tenkasi District, Virudhunagar.

2.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

3/4

DR.D.NAGARJUN. J.

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

CRL.O.P.(MD)No.11741 of 2023 10.07.2023 4/4