A.M.Arun v. The Commissioner Of Police

W.P.(MD) No.19124 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.(MD) No.19124 of 2019 and W.M.P.(MD) No.15476 of 2019 A.M.Arun ... Petitioner vs.

1) The Commissioner of Police, Madurai City, Madurai.

2) The Sub Inspector of Police , Central Crime Branch, Madurai City, Madurai.

3) V.Karuppaiah ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 2nd respondent not to conduct Katta Panchayat and interfere in civil dispute between the petitioner's and the 3rd respondent. For Petitioner:

Mr.AN.Ramanathan For RR 1 & 2 :

Mr.K.Suyambulinga Bharathi, Additional Public Prosecutor For R3 :

Mr.R.Gandhi

O R D E R

This Writ Petition is filed seeking for issuance of a direction to the 2nd respondent not to conduct Katta Panchayat and interfere in civil dispute between the petitioner and the 3rd respondent.

2. Admittedly, the third respondent lodged a complaint and it is pending on the file of the second respondent dated 02.07.2019. The second respondent also issued summons to the petitioner to appear for investigation. The petitioner appeared before the second respondent and the case was adjourned to 30.08.2019. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.19124 of 2019

3. The learned Additional Public Prosecutor appearing for the official respondents submitted that on further investigation, it is seen that the charges put forth in the complaint are of serious nature and it is also seen from the complaint that, there are some allegations against the petitioner and therefore, the second respondent has to investigate the complaint. At this stage, it cannot be stated that the complaint pertains to civil jurisdiction and therefore, the petitioner is directed to appear before the second respondent for enquiry.

4. From the above facts and circumstances of the case, the second respondent is directed to conduct an enquiry upon the complaint lodged by the third respondent, after giving due opportunity to both the parties as well as the de facto complainant and complete the investigation of the case within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected W.M.P.(MD) No.15476 of 2019 is closed. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To

1) The Commissioner of Police, Madurai City, Madurai.

2) The Sub Inspector of Police , Central Crime Branch, Madurai City, Madurai.

+1 CC to M/s.AN.RAMANATHAN, Advocate ( SR-86053[F] dated 10/09/2019 ) +1 CC to M/s.R.GANDHI, Advocate ( SR-86073[F] dated 10/09/2019 ) Order made in W.P.(MD) No.19124 of 2019 Dated: 09.09.2019 sts JMN(23.09.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2