Madras High CourtCRL OP(MD)/14217/2023disposed of

N.Shaul Hameed v. The Superintendent Of Police

2023-08-10Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.14217 of 2023 N.Shahul Hameed ... Petitioner Vs.

1.The Superintendent of Police, The District Superintendent of Police Office, 2.The Deputy Superintendent of Police, 3.The Inspector of Police, 4.K.Rajagopalan ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 to 3 and their officials not to harass the petitioner unnecessarily against the law under the guise of enquiry in civil dispute.

For Petitioner : Mr.V.Muthukamatchi For R1 to R3 : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) 1/5

O RDER This Criminal Original Petition is filed seeking for a direction to the respondents 1 to 3 Police not to harass the petitioner under the guise of a complaint allegedly given by the respondent No.4.

2. It is submitted by the learned counsel appearing for the petitioner that there are disputes in respect of immovable property between the petitioner and the respondent No.4 and accordingly, the petitioner has filed O.S.No.118 of 2023 on the file of the Principal District Munsif Court, Tenkasi, in respect of a sale deed dated 05.10.2021 and the said suit is pending and the matter is stated to have been posted on 25.08.2023 for filing written statement. It is submitted that instead of agitating before the civil Court, the respondent No.4 has filed a false complaint before the respondents 1 to 3 Police, on which, the respondents 1 to 3 Police have been harassing the petitioner.

3. The learned Government Advocate (criminal side) appearing for the official respondents submits that a complaint given by the respondent No.4 is registered as current paper as it was received from the Higher Police Officer and the enquiry is being initiated and he requests time to 2/5

complete the investigation and close the complaint.

4. Considering the submission made by the learned Government Advocate (criminal side) appearing for the official respondents, this Criminal Original Petition is disposed of directing the respondents 1 to 3 Police to complete the enquiry and dispose of the complaint of the respondent No.4 as quickly as possible not later than two weeks from the date of receipt of a copy of this order. It is needless to say that in case the dispute between the petitioner and the respondent No.4 is of civil in nature, the Police are not expected to interfere with the dispute between them.

Index : Yes/No 10.08.2023 Internet : Yes/No ssb To 1.The Superintendent of Police, The District Superintendent of Police, 2.The Deputy Superintendent of Police, 3/5

3.The Inspector of Police, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

DR.D.NAGARJUN. J.

ssb 10.08.2023 5/5