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Madras High CourtCRL OP(MD)/14311/2021disposed of

E.Durai v. The Commissioner Of Police

2021-09-24Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.14311 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.14311 of 2021 E.Durai

...Petitioner

Vs.

1. The Commissioner of Police, Tirunelveli City, Tirunelveli.

2. The Inspector of Police, Anti Land Grabbing Special Wing, Tirunelveli City, Palam Police Station 2nd Floor, Tirunelveli.

3. Jebakumar

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, directing the 2nd Respondent not to harass the Petitioner under the guise of enquiry without due process of law. For Petitioner : Mr.S.Mahendrapathy For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

This petition is filed seeking direction not to harass the petitioner under the guise of enquiry, on the basis of the complaint given by the 3rd respondent herein.

2.When the matter is taken up for hearing, the learned Government Advocate (Crl.Side) for the respondents 1 and 2 would submit that based upon the complaint given by the 3rd respondent herein, enquiry was undertaken in C.P.No.G3/15892/1340/2021. Even though summon has been issued to the petitioner, he did not appear before the Enquiry Officer and did not cooperate with him to complete the enquiry.

3.A copy of the complaint given by the 3rd respondent has been circulated to this Court, wherein, it has been stated that the 3rd respondent has purchased the property from this petitioner through one Inbaraj and later, it was found that this petitioner is not a https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14311 of 2021 true owner. According to him, he was cheated by this petitioner and the aforesaid mediator, Inbaraj.

4.The learned counsel appearing for the petitioner would submit that the property was purchased by the petitioner on the basis of the Lok Adalat award. However, no document has been produced to prove the same.

5.Let the petitioner appear before the Enquiry Officer and cooperate with him to complete the enquiry. The question of harassment may not arise at this stage. If any trouble arises in future, the petitioner may workout his remedy in accordance with law.

6.With the aforesaid direction and liberty, this petition stands disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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 Commissioner of Police, Tirunelveli City, Tirunelveli.

2. The Inspector of Police, Anti Land Grabbing Special Wing, Tirunelveli City, Palam Police Station 2nd Floor, Tirunelveli.

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

Crl.O.P.(MD)No.14311 of 2021 24.09.2021 RD(5.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2