P.Andichamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN P.Andichamy ... Petitioner Vs.

1.The Superintendent of Police, Madurai, Madurai District.

2.The Inspector of Police, Othakadai Police Station, Madurai District.

3.A.Malaisamy ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent police herein not to harass the petitioner under the guise of enquiry by threatening him to withdraw the complaint made by him dated 21.07.2023 For Petitioner :Mr.V.Kishore Kumar For R1 and R2 :Mr.B.Thanga Aravindh Government Advocate (crl.side) 1/5

O RDER This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking for a direction to the respondent police not to harass the petitioner to withdraw the complaint dated 21.07.2023. 2.According to the learned counsel for the petitioner, the petitioner has given the respondent No.3, who is the son, in adoption to his stepmother and executed gift settlement deed in respect of the property in favour of elder son. The respondent No.3, who has taken the property from the family of adopted stepmother, has created problems to the respondent No.3's elder brother from enjoying the property. Accordingly, a petition has been filed for conducting survey and the survey was ordered to be conducted by this Court in W.P.(MD) No. 3355 of 2021 and the respondent No.3 has filed two writ petitions. It is submitted further that in respect of the compliant filed against the respondent No.3 by the petitioner, the Sub Inspector of Police, by name, Suriya, have been harassing the petitioner to withdraw the complaint.

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3.The learned Government Advocate (Crl.side) submits that the police have conducted the enquiry and the petitioner himself has given a statement that he will approach the appropriate civil Court in order to resolve the disputes between the petitioner and the respondent No.3. He has also produced a copy of the said document before the Court.

4.Since the representation of the petitioner stated to have been disposed of, no orders can be passed in this case. However, since the petitioner has specifically stated that the Sub Inspector of Police, by name Suriya, has been harassing the petitioner, the orders of this Court directed to be placed before the Superintendent of Police concerned for giving suitable directions to the said Sub Inspector of Police, by name, Suriya.

5.With the above directions, this Petition is disposed of. Speaking : Yes / No 31.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 3/5

To 1.The Superintendent of Police, Madurai, Madurai District.

2.The Inspector of Police, Othakadai Police Station, Madurai District.

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.15231 of 2023 31.08.2023 5/5