P.Thangarathinam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.07.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN 1.P.Thangarathinam 2.R.Esther ... Petitioners Vs 1.The Superintendent of Police Office of the Superintendent of Police, Korampallam, Thoothukudi.

2.The Deputy Superintendent of Police, District Crime Branch, District Superintendent of Police Office Campus, Korampallam, Thoothukudi.

3.Rakesh

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, directing the second respondent to not to harass the petitioners under the guise of enquiry based on the complaint given by the third respondent based on the petitioners' representation dated 03.07.2023. For Petitioners : Mr.M.P.Senthil For R-1 & R-2 : Mr.SS.Madhavan Government Advocate (Criminal Side) 1/4

O R D E R

This Criminal Original Petition is filed seeking for a direction to respondent Nos.1 and 2 Police not to harass the petitioners basing on a complaint given by respondent No.3.

2. It is submitted by learned counsel for the petitioners that earlier, respondent No.3 has filed a complaint to respondent Nos.1 and 2 Police against the petitioners in respect of a civil dispute. After enquiry, the said petition was closed by the Police with a report that the dispute between the parties is purely civil in nature. Aggrieved by the said closure, the petitioners stated to have filed Crl.O.P.(MD).No.4632 of 2023 and same was also dismissed. Respondent No.4 has also stated to have filed W.P.(MD).No.22039 of 2022 and the same was also dismissed by this Court on 14.11.2022. It is submitted by learned counsel for the petitioners that respondent No.3 has again filed one more complaint before the police and basing on which, Police are harassing the petitioners and therefore, sought for suitable directions

3. Learned Government Advocate (Criminal Side) on the other hand submits that respondent No.3 has filed a complaint against the petitioners in C.No.P4/277/2023 and the enquiry is still pending. Since the disputes between the parties are purely civil in nature after conclusion of the enquiry, the 2/4

Police would advice respondent No.3 suitably to approach the appropriate Civil Court. The same is recorded.

4. This Criminal original Petition is, therefore, disposed of, directing the petitioners to approach the respondent police and file all the relevant records in respect of the earlier complaint and its closures and on filing of such papers, the respondent police are directed to conclude the enquiry in C.No.P4/277/2023 \within a period of two weeks from the date of receipt of a copy of this order.

17.07.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Superintendent of Police Office of the Superintendent of Police, Korampallam, Thoothukudi.

2.The Deputy Superintendent of Police, District Crime Branch, District Superintendent of Police Office Campus, Korampallam, Thoothukudi.

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

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DR.D.NAGARJUN, J.

tsg 17.07.2023 4/4