R.Pandi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P(MD)No.15602 of 2022 R.Pandi

...Petitioner

vs.

1.The Superintendent of Police, Madurai Rual District, Madurai -625 007.

2.The Deputy Superintendent of Police, Prevention of Crime against Women and Child, Superintendent of Police Campus, Madurai-625 007.

3.S.Shobyia

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondents 1 and 2 and their men not to harass the petitioner and his family members in the guise of enquiry by interfering into the civil dispute favoring the third respondent. For Petitioner : Mr.G.Kannam For R1 and R2 : Mr.A.Albert James Government Advocate ***** 1/5

O R D E R

This Criminal Original Petition is filed to direct the Respondents 1 and 2 and their men not to harass the Petitioner and his family members in the guise of enquiry by interfering into the civil dispute favoring the third Respondent.

2.Heard Mr.G.Kannan, learned Counsel for the Petitioner and Mr.A.Albert James, learned Government Advocate, who takes notice no behalf of Respondents 1 and 2.

3.The learned Counsel for the Petitioner submitted that the Petitioner served in the Indian Railways and retired. He is a Senior Citizen. He has adopted his brother's son, after the death of his brother and his adopted son was married to the third Respondent, who is employed as Grade-I Police Constable with District Armed Reserve at Madurai. Subsequent to the marriage, the son of the Petitioner committed suicide. After the death of the son of the Petitioner, the third Respondent had been demanding the ancestral property from the Petitioner as well as her share in the self acquired property of the Petitioner. She had preferred a complaint to the Superintendent of Police, based on which, the second Respondent, 2/5

Deputy Superintendent of Police, Prevention of Crime against Women and Child, had been causing harassment to the Petitioner by summoning him often. Therefore, the Petitioner has filed this Petition seeking a direction from this Court against the Respondents 1 and 2 not to cause harassment on the Petitioner considering his age and also the status, as a retired Railway official. 4.The learned Government Advocate would submit that based on the complaint of the third Respondent to the first respondent, the first Respondent has forwarded the complaint to the second Respondent and the second Respondent had conducted an enquiry and subsequent to the enquiry, the pending enquiry was closed on 29.08.2022.

5.Considering the submission of the learned Government Advocate, this Petition itself is closed. Whatever, the relief the third Respondent seeks, it should be through the Civil Court and not through the police department, wherein, she is employed. 06.09.2022 Index:Yes/No cmr 3/5

To 1.The Superintendent of Police, Madurai Rual District, Madurai -625 007.

2.The Deputy Superintendent of Police, Prevention of Crime against Women and Child, Superintendent of Police Campus, Madurai-625 007.

4/5

SATHI KUMAR SUKUMARA KURUP , J.

cmr CRL.O.P (MD) No.15602 of 2022 06.09.2022 5/5