S.Kannadasan v. The Superintendent Of Police

1 Crl.O.P.(MD) No.11279 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD) No.11279 of 2019 S.Kannadasan : Petitioner

Versus

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

2.The Inspector of Police, East Police Station, Kovilpatti, Tuticorin District.

3.Vasanthakumari 4.Chinnathai : Respondents Prayer: Petition is filed under Section 482 of the Criminal Procedure Code to direct the respondents 1 and 2 not to interfere with the civil dispute under the guise of enquiry to the petitioner on the basis of the petitioner's representation dated 24.07.2019. For Petitioner : Mr.M.Veilkani Raju For R-1 & R-2 : Mr.K.Suyambulinga Bharathi Government Advocate (Criminal side)

O R D E R

This petition has been filed seeking a direction to the respondent Police not to harass the petitioner under the guise of enquiry.

2.According to the petitioner, there is a civil dispute between the petitioner and the respondents 3 and 4 and he also filed a suit against the third respondent and obtained an interim order. Now pending civil suit, based on a complaint given by the third respondent, the second respondent is harassing the petitioner under the guise of enquiry. Hence, the present complaint has been given. 3.The learned Government Advocate (Criminal side) appearing for the respondents 1 and 2, on instructions, submitted that earlier, the third respondent has given a complaint before the first https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 Crl.O.P.(MD) No.11279 of 2019 respondent Police, and the complaint has been now transferred to the second respondent. Based on the same, the second respondent is only conducting enquiry and they are not harassing the petitioner as alleged by the petitioner.

4.Considering the fact that the enquiry is pending against the petitioner, the petitioner is directed to appear before the second respondent Police for enquiry and co-operate with the enquiry. The second respondent Police is directed not to harass the petitioner under the guise of enquiry.

5.With the above direction, the Criminal Original Petition stands closed.

Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS ) To 1.The Superintendent of Police, Tuticorin District, Tuticorin.

2.The Inspector of Police, East Police Station, Kovilpatti, Tuticorin District.

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

+1 CC to M/s.M.VEILKANIRAJU, Advocate SR-81017. Order made in Crl.O.P.(MD) No.11279 of 2019 09.08.2019 CS(05.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4