← Library
Madras High CourtCRL OP(MD)/19942/2021disposed of

C.Andavar Samy v. The Deputy Superintendent Of Police

2021-12-15Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19942 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19942 of 2021 C.Andavar Samy ... Petitioner Vs.

1.The Deputy Superintendent of Police, Anti Land Grabbing Special Cell, District Head Quarters, Theni District, Theni.

2.The Sub Inspector of Police, Anti Land Grabbing Special Cell, District Head Quarters, Theni District, Theni.

3.B.Preethi ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to forebear the respondents 1 and 2 from interfering in the pure civil matter based on the representation of the petitioner dated 09.12.2021.

For Petitioner : Mr.D.R.Murugesan For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 & R2.

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents 1 and 2. Considering the nature of relief to be granted, issuance notice to the third respondent is dispensed with.

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

3.The petitioner was summoned for enquiry and the he had attended same on 27.11.2021 and that the first respondent has extracted a statement from him that the petitioner would execute settlement deed in favour of the third respondent. I make it clear that the petitioner cannot be compelled to execute any such settlement deed. That is the matter of choice left to the petitioner herein.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19942 of 2021 4.If any complaint is pending against the petitioner, the petitioner will be summoned only by way of written summon. There is no question of orally summoning the petitioner. In any event, the enquiry has to be concluded within a period of two weeks after the appearance of the petitioner. If the matter is purely civil in nature, the respondent police will close the complaint. If cognizable offence is made out and if the respondent police 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.

5.This criminal original petition is disposed of accordingly. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 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 Deputy Superintendent of Police, Anti Land Grabbing Special Cell, District Head Quarters, Theni District, Theni.

2.The Sub Inspector of Police, Anti Land Grabbing Special Cell, District Head Quarters, Theni District, Theni.

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

Crl.O.P(MD)No.19942 of 2021 15.12.2021 SS(CO) GC(07.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2