Madras High CourtCRL OP(MD)/19324/2021disposed of

Salai.Gnanadasan v. The Inspector Of Police

2021-12-07Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19324 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19324 of 2021 Salai.Gnanadasan ... Petitioner Vs

1. The Inspector of Police, District Crime Branch, Land Grabbing Special Wing, Pudukkottai.

2.Subramanian Sub Inspector of Police, District Crime Branch, Land Grabbing Special Wing, Pudukkottai.

3.Salai.Mohanadasan ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents 1 and 2 Not to interfere in the civil dispute in respect of Door No.65/D, K.L.K.S.Nagar, Pudukkottai Town, Taluk and District in T.S.No.4248 with an extent of 1350 sq.ft.

For Petitioner : Mr.K.Baalasundharam For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) For R3 : Mr.Mohideen Basha

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for R1 & R2 and the learned counsel for the third respondent.

2. The petitioner alleges harassment at the hands of the respondent police based on the complaint of the third respondent. To forbear the respondent police from doing so, this Criminal Original Petition has been filed.

3. When the matter was taken up for hearing, the learned Government Advocate (Crl.Side) submitted that the enquiry into the complaint of the third respondent is still pending.

4. In these circumstances, in the interest of justice, the following directions are issued:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19324 of 2021 "(a) The first respondent will issue written summons to the petitioner for causing his appearance before him for enquiry. There is no question of orally summoning the petitioner to the police station. (b) The first respondent will conclude the enquiry within a period of two weeks from the date of receipt of a copy of this order.

(c) If at the end of the enquiry, cognizable offence is made out and the first respondent proposes to register any FIR, the petitioner will be given notice of the same so that the petitioner will have breathing time to move the concerned Court for the relief of anticipatory bail.

(d) If the case is purely civil in nature, the complaint has to be closed."

5. With these directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (A.D.II) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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.

1. The Inspector of Police, District Crime Branch, Land Grabbing Special Wing, Pudukkottai.

2.The Sub Inspector of Police, District Crime Branch, Land Grabbing Special Wing,Pudukkottai.

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

Crl.O.P(MD)No.19324 of 2021 07.12.2021 USK (17.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2