Madras High CourtCRL OP(MD)/17239/2021disposed of

D.Karthikeyan v. The Superintendent Of Police

2021-11-09Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.D.Karthikeyan 2.N.Rajakannan ... Petitioners Vs.

1.The Superintendent of Police, O/o. the Superintendent of Police, Theni District.

2.The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Theni District.

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

4.J.Yashif Rahman 5.A.Ashif Raja 6.Bashir 7.E.Manikanndan ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the third respondent not to interfere into the civil dispute and not to harass the petitioners in the name of enquiry.

For Petitioners : Mr.I.Pinaygash For Respondents : Mr.M.Veeranthiran, Govt. Advocate (Crl. Side) for R1 to R3.

O R D E R

Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondents 1 to 3. Considering the nature of relief to be granted, issuance of notice to the respondents 4 to 7 is dispensed with.

The petitioners allege that the police authorities are interfering with the civil dispute between the petitioners and the private respondents. They wanted this Court to direct police authorities from doing so.

The learned Government Advocate (Crl. Side) submitted that the fourth respondent has given a compliant and that it is being enquired by the respondent police within a period of two weeks. 1/3

Taking into account the overall facts and circumstances, the following directions are issued:- "(a) The third respondent will issue written summons to the petitioner for causing their appearance before him. (b) The third respondent will conclude the enquiry within a period of three weeks from the date of receipt of a copy of this order. If at the end of the enquiry cognizable offence is made out and the third respondent is proposed to register any FIR, notice will be given to the petitioners so that the petitioners will have breathing time to move the concerned Court for the relief of anticipatory bail."

With these directions, this criminal original petition is disposed of.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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, O/o. the Superintendent of Police, Theni District.

2.The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Theni District.

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

2/3

4. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai 09.11.2021 SMV(CO) KB(22.11.2021) 3P 5C 3/3