V.Subburaman v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN V.Subburaman ... Petitioner Vs.

1.The Director General of Police, No.1, Kamarajar Salai, Mylapore, Chennai - 600 004.

2.The Deputy Inspector General of Police, Dindigul Range, Dindigul District.

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

4.The Deputy Superintendent of Police, Theni, Theni District.

5.The Inspector of Police, Theni Police Station, Theni District.

6.P.Suresh Kumar, Inspector of Police, Theni Police Station, Theni District.

7.P.Sundaram ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue a direction directing the sixth respondent herein not to harass the petitioner and his family members in the guise of enquiry at the instance of seventh respondent and restrain him from insisting the petitioner to withdraw all cases filed against him by interfering into pending Court proceedings without following the due process of law and to direct the respondents 1 and 2 to take action against the sixth respondent herein on the basis of the petitioner's representation made before the first respondent by RPAD dated 20.10.2021.

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For Petitioner : Mr.B.Brijesh Kishore For R-1 to R-5 : Mr.RMS.Sethuraman Additional Public Prosecutor

O R D E R

This petition is filed seeking direction to the sixth respondent herein not to harass the petitioner on the basis of the complaint given by the seventh respondent herein.

2. When the matter is taken for hearing, the learned Additional Public Prosecutor would submit that based upon the complaint given by the seventh respondent, enquiry has been undertaken. Similarly the petitioner has also given a complaint. Both of them appeared before the Enquiry Officer and they produced the documents that have been available with them. A reading of the representation given by the petitioner shows that he has not made a complaint against the seventh respondent herein. He has given an explanation with regard to the complaint that has been given by the seventh respondent stating that as well as pendency of two cases one in C.C.No.108 of 2012 and renumbered as STC No.159 of 2019 and H.M.O.P.No.318 of 2016 before the Judicial Magistrate, Theni.

Since in respect of the dispute between the parties, two proceedings are pending before the concerned courts and fifth respondent may not have any role to enquire. He can advise the parties to work out their remedy in the pending matters before the concerned courts. By giving such advise, the complaint given by the seventh respondent may be closed. With the above said direction, this petition stands disposed of.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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. 2/3

To 1.The Director General of Police, No.1, Kamarajar Salai, Mylapore, Chennai - 600 004.

2.The Deputy Inspector General of Police, Dindigul Range, Dindigul District.

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

4.The Deputy Superintendent of Police, Theni, Theni District.

5.The Inspector of Police, Theni Police Station, Theni District.

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

+1 CC to M/s.B.BRIJESH KISHORE, Advocate ( SR-33814[F] dated 09/11/2021 ) 02.11.2021 KS(CO) KB(30.11.2021) 3P 8C 3/3