Lourthusamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Lourthusamy ... Petitioner Vs.

State represented by its 1.The Superintendent of Police, Trichy, Trichy District.

2.The Deputy Superintendent of Police, Lalgudi, Trichy District.

3.The Sub Inspector of Police, Kallakudi Police Station, Kallakudi, Trichy District.

4.Arokkiyasamy ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the third respondent not to harass the petitioner without following the due process of law based on the representation dated 31.07.2023. 1/5

For Petitioner :Mr.R.Maheshwaran for Mr.S.Balasubramanian For R1 to R3 :Mr.B.Thanga Aravindh Government Advocate (crl.side) O RDER This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking for a direction to the respondent No.3 police not to harass the petitioner basing on the representation given by the petitioner dated 31.07.2023.

2.It is submitted by the learned counsel for the petitioner that there are disputes between the petitioner and the respondent No.4, who is the own brother of the petitioner, in respect of the properties, for which O.S.No.3 of 2020 on the file of the District Court, Trichirapalli is pending and the respondent No.4 instead of resolving the issue in the civil Court has filed a complaint against the petitioner, basing on which the respondent No.3 police have been harassing the petitioner, thereby sought for suitable directions. 2/5

3.The learned Government Advocate (Crl.side) submits that on a complaint given by the respondent No.4, an enquiry has been initiated and the police were about to close the case as civil in nature. However, the respondent No.4 has filed a petition before this Court seeking transfer of enquiry and while disposing of the same, the respondent police were directed to give notices to both the parties and close the case and the petitioner and the unofficial respondent No.4 have failed to cooperate, the enquiry is still pending.

4.In view of the submissions made by the learned Government Advocate (Crl.side), the petitioner is directed to appear before the police immediately and thereafter, the respondent police are directed to dispose of the complaint of the respondent No.4 as expeditiously as possible, not later than two weeks from the date of receipt of a copy of this order.

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 3/5

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

2.The Deputy Superintendent of Police, Lalgudi, Trichy District.

3.The Sub Inspector of Police, Kallakudi Police Station, Kallakudi, Trichy District.

4.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.15236 of 2023 31.08.2023 5/5