V.Shanmugam v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.15552 of 2023 1.V.Shanmugam 2.M.Alagupandiyammal ... Petitioners Vs.

1.The Commissioner of Police, Office of the Commissioner of Police, Madurai City.

2.The Inspector of Police, Anna Nagar Police Station (Law and Order), Madurai City.

3.V.Muniyammal ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent not to interfere into the civil dispute between the petitioners and the third respondent. For Petitioner : Mr.S.Malaikani For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side) 1/5

O R D E R This Criminal Original Petition is filed seeking for a direction to the respondent No.2 Police not to harass the petitioner by involving in a civil dispute pending between the petitioner and the respondent No.3.

2. According to the learned counsel appearing for the petitioner, there are property disputes between the petitioner and the third respondent and a suit for partition has also been filed in O.S.No.76 of 2022 on the file of the IV Additional District Court, Madurai.

3. It is submitted that during the course of proceedings for mediation in the year 2021, the petitioners 1 and 2 have filed a complaint against the third respondent and the said complaint was closed after enquiry. The third respondent has filed one more complaint before the State Human Rights Commission, Chennai and it was forwarded to the Commissioner of Police and basing on the said complaint, the respondent No.2 has initiated enquiry, which is pending. 2/5

4. It is submitted further by the learned counsel appearing for the petitioner that the Police are asking the petitioner to withdraw the complaint given by him for which he has not agreed and thereby, the Police have been harassing the petitioner.

5. While denying the allegation of the learned counsel appearing for the petitioner, the learned Government Advocate (criminal side) appearing for the respondents Police submits that the enquiry pending is in respect of the complaint received from the State Human Rights Commission.

6. In view of the above, the respondents Police are directed to follow the procedure in respect of disposal of a complaint received from the State Human Rights Commission as quickly as possible not later than four weeks from the date of receipt of a copy of this order.

7. Accordingly, this Criminal Original Petition is disposed of. Index : Yes/No 01.09.2023 Internet : Yes/No ssb 3/5

To 1.The Commissioner of Police, Office of the Commissioner of Police, Madurai City.

2.The Inspector of Police, Anna Nagar Police Station (Law and Order), Madurai City.

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

DR.D.NAGARJUN. J.

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