Madras High CourtCRL OP(MD)/15094/2021disposed of

Manivannan v. The Superintendent Of Police

2021-10-05Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No15094 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.15094 of 2021 Manivannan ... Petitioner Vs.

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

2.The Inspector of Police, Rajathani Police Station, Theni District.

3.Padma ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent not to harass the petitioner under the guise of enquiry on the basis of the petitioner's representation, dated 22.09.2021.

For Petitioner : Mr.M.Sankar For Respondents : Mr.R.M.S.Sethuraman for R1 and R2 Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to the 2nd respondent not to harass the petitioner under the guise of enquiry on the basis of the petitioner's representation, dated 22.09.2021. 2.When the matter is taken up for hearing, the learned Counsel submitted that based upon the land dispute between the petitioner and the third respondent herein W.P.(MD).No.7003 of 2021 was filed by the petitioner and it is said to be pending. During the pendency of the above said writ petition, trouble was made by the third respondent and his family members, upon which a complaint has been given by the petitioner and a case in Crime No.201 of 2021 has been registered for the offences punishable under Sections 294(b), 324, 506(ii) IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002. Pending investigation as a counter blast, the third respondent has given a false complaint with false allegations. Based on the above said complaint, the second respondent made harassment to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No15094 of 2021 3.The learned Additional Public Prosecutor would submit that third respondent sent a complaint to the District Collector, which was forwarded to the second respondent and now it is pending. Reading of the complaint shows that the allegations has been made against the petitioner to the effect that he has also abused her in filthy language.

4.Whether the complaint has been given by the third respondent as a counter blast or not is not, but it is the duty of the petitioner to co-operate with the second respondent to complete the enquiry. Depending upon the outcome of the enquiry, they shall workout their remedy through proper proceedings. 5.Since the question of harassment at this stage may not arise, with the above direction and liberty, this criminal original petition is disposed of.

Sd/- Assistant Registrar (Crl side) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 1.1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Rajathani Police Station, Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.15094 of 2021 05.10.2021 RK (21/10/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2