Madras High CourtCRL OP(MD)/12705/2023disposed of

R.Saravanakumar v. The Superintendent Of Police

2023-07-14Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.12705 of 2023 R.Saravanakumar ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Crime against Women Branch, Madurai District, O/o. Superintendent of Police, Madurai.

3.R.Kasaniya ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondent Nos.1 and 2 not to harass the petitioner by interfering in the civil dispute between the petitioner and the third respondent.

For Petitioner : Mr.R.Chandra Sekar For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate Crl.Side) O RDER This Criminal Original Petition is filed seeking for a direction to respondent Nos.1 and 2 Police not to harass the petitioner. 1/4

2. It is submitted by learned counsel for the petitioner that there are disputes between the petitioner and the third respondent, in respect of the landed properties. According to the petitioner, the third respondent, who has been claiming ten feet land belonging to the petitioner, has filed a false complaint before respondent Nos.1 and 2, basing on which, respondent Nos.1 and 2 are harassing the petitioners.

3. Learned Government Advocate (Criminal Side) submits that the petitioner has dismantled a compound wall pertaining to the third respondent's factory and caused damage. On which, the third respondent has filed a complaint and in that context, the police have issued summons to the petitioner and the petitioner without appearing before the police has filed this case alleging that the police are harassing him.

4. On hearing of both sides and on perusal of records, the petitioner has prematurely filed this petition without adhering to the summons issued by the police to appear before them in an enquiry into the complaint given by the third respondent.

5. Therefore, this Criminal Original Petition is disposed of with a direction to the petitioner to appear before the respondent police 2/4

within a period of two weeks and thereafter, the respondent Police are directed to dispose of the complaint given by the third respondent. Index : Yes/No 14.07.2023 Internet : Yes/No tsg To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Crime against Women Branch, Madurai District, O/o. Superintendent of Police, Madurai.

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

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DR.D.NAGARJUN. J.

tsg 14.07.2023 4/4