Madras High CourtCRL OP(MD)/19074/2021disposed of

Jothimani v. The Superintendent Of Police

2021-12-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19074 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19074 of 2021 Jothimani ... Petitioner Vs.

1.The Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, Anti Land Grabbing Wing, Madurai District.

3.The Inspector of Police, Anti Land Grabbing Wing, Madurai, Madurai District.

4.Alagarsamy ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent No.1 herein to instruct the respondent Nos.2 and 3 herein not to interfere in civil dispute on the guise of enquiry in pursuance to the complaint lodged by the respondent No.4.

For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 to R3.

O R D E R

The petitioner alleges harassment at the hands of the respondent police. To forbear them from doing so, this criminal original petition has been filed.

2.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the fourth respondent has given a complaint against the petitioner and that enquiry is pending as on date.

3.In these circumstances, the following directions are issued:- (i) The petitioner will be summoned only by way of written summon. There is no question of orally summoning https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19074 of 2021 the petitioner.

(ii) The third respondent will conclude the enquiry on merits and in accordance with law within a period of two weeks after the appearance of the petitioner. (iii) If the matter is purely civil in nature, the third respondent will close the complaint.

(iv) If cognizable offence is made out and if the third respondent proposes to register any FIR, the petitioner will be given due notice. So that the petitioner will have breathing to move the concerned Court for the relief of anticipatory bail.

4.The criminal original petition is disposed of accordingly. Sd/- Assistant Registrar (CS-I) // 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,Madurai District. 2.The Deputy Superintendent of Police, Anti Land Grabbing Wing,Madurai District.

3.The Inspector of Police, Anti Land Grabbing Wing, Madurai, Madurai District.

4. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai Crl.O.P(MD)No.19074 of 2021 03.12.2021 NSN(CO) KB(13.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2