Madras High CourtCRL OP(MD)/15749/2020disposed of

P.K.Pandiarajan v. The Superintendent Of Police

2021-01-18Honourable Mrs Justice R. Hemalatha2 pages

CRL OP(MD). No.15749 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Original Jurisdiction ) Date : 18.01.2021 PRESENT THE HONOURABLE MRS .JUSTICE R.HEMALATHA CRL OP(MD). No.15749 of 2020 P.K.Pandiarajan ... Petitioner Vs 1.The Superintendent of Police, Madurai District, Alagarkoil Road, Madurai.

2.The Deputy Superintendent of Police, Omachikulam Sub Division, Narasingam Road, Y.Othakadai, Madurai 625 107.

3.The Inspector of Police, Silaiman Circle, Madurai 20.

4.The Sub Inspector of Police, Silaiman Police Station, Madurai District.

5.Eswari ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, to direct the fourth respondent police not to harass the petitioner under the guise of an enquiry, for the land cultivating right transaction civil matter on the basis of false complaint given by the 5th respondent.

For Petitioner : Mr.M.Sheik Abdullah For R1 to R4 : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

The present petition is filed not to harass the petitioner under the guise of an enquiry.

2.The contention of the petitioner is that the respondent police based on the complaint lodged by the private respondent (fifth respondent herein) is harassing the petitioner. It is also contended that the matter in issue pertains to a civil dispute between the petitioner and the fifth respondent. https://hcservices.ecourts.gov.in/hcservices/ 3.Mr.A.Robinson, learned Government Advocate (Criminal side), 1/2

CRL OP(MD). No.15749 of 2020 who accepts notice on behalf of the respondents 1 to 4, on instructions, would submit that the complaint given by the fifth respondent is posted for enquiry and that the Police are not harassing the petitioner.

4.Recording the said submissions, the Criminal Original Petition is disposed of with a direction to the fourth respondent to follow the guidelines issued in the decision in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) rmk 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, Madurai District, Alagarkoil Road,Madurai.

2.The Deputy Superintendent of Police, Omachikulam Sub Division,Narasingam Road, Y.Othakadai, Madurai 625 107.

3.The Inspector of Police, Silaiman Circle,Madurai 20.

4.The Sub Inspector of Police, Silaiman Police Station,Madurai District.

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

ORDER

IN CRL OP(MD). No.15749 of 2020 18.01.2021 (DKS)CO AP(10/02/2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2