← Library
Madras High CourtCRL OP(MD)/14588/2020disposed of

M.Veeramani v. The Superintendent Of Police

2020-12-11Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.14588 of 2020 M.Veeramani : Petitioner Vs.

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

2.The Inspector of Police, Thennilai Police Station, K.Paramathi Taluk, Karur.

3.Gomathi : Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the Second respondent police not to harass the petitioner and her family members against the law in the nature and circumstances of the case.

For Petitioner : Mr.J.Senthil Kumaraiah For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor.

ORDER

This petition has been filed to direct the respondent police not to harass the petitioner and her family members against the law in the nature and circumstances of the case. 2.Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor (Criminal Side) for the respondents. 3.The learned counsel for the petitioner would submit that the petitioner was sanctioned with the free house site patta in S.No.698/18 in Thennilai Thenbagam Village, by the Government and she constructed a house and residing there. The 3rd respondent house site was adjacent to the petitioner's site and the pathway to the petitioner's house was located adjacent to the 3rd respondent's house site. The grievance of the petitioner is that the said pathway was encroached by the 3rd respondent by putting up a shed and when the same was questioned by her, the 3rd respondent given a false

complaint before the second respondent police and he filed Crl.OP (MD) No.10103 of 2020 before this Court seeking police protection and obtained an order. Thereafter, the petitioner filed an application before the RDO, Karur to cancel the house site patta issued to the 3rd respondent. Pursuant to the same, Tahsildar, Pugalur submitted a report to the RDO, Karur, based on which, enquiry proceedings has been initiated in Na.Ka.A4/4459/2020 dated 19.10.2020. According to the petitioner, the 3rd respondent attacked the petitioner. Based on the complaint given by the petitioner, a case in Cr.No.434 of 2020 has been registered by the respondent police. In the meantime, the 3rd respondent also given a counter complaint and on that basis, a case in Crime No.435 of 2020 also registered.

According to the petitioner, when the RDO enquiry is pending and the FIRs have been registered, the petitioner was called for enquiry by the respondent police on 13.11.2020 and she also appeared, during the enquiry, the petitioner was threatened by the second respondent police to withdraw the petition given before the RDO, Karur. Hence, the petitioner has sent representation on 25.11.2020 to the respondents 1 & 2. Since no action has been taken, the petitioner is before this Court with this Criminal Original Petition.

4.When the matter is taken up for hearing today, the learned Additional Public Prosecutor, on instructions, would submit that based on the complaints given by the petitioner and the 3rd respondent cases in Crime Nos. 434 of 2020 and 435 of 2020 have been registered against each other. The enquiry revealed that already the matter is pending before the RDO, Karur and therefore would state that the respondent police will not interfere.

5. Recording the submission made by the learned Additional Public Prosecutor that the matter is pending before the RDO and therefore the respondent/police will not interfer, this Criminal Original Petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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 Superintendent of Police, Karur, Karur District.

2.The Inspector of Police, Thennilai Police Station, K.Paramathi Taluk, Karur.

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

Crl.O.P.(MD)No.14588 of 2020 11.12.2020 VB (09.02.2021) 3P 4C