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Madras High CourtCRL OP(MD)/19923/2021allowed

Selvam v. The Superintendent Of Police

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

Crl.O.P(MD)No.19923 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.19923 of 2021 Selvam ... Petitioner Vs.

1.The Superintendant of Police, Madurai District, Madurai.

2.The Deputy Superintendant of Police, Samayanallur, Madurai District.

3.The Inspector of Police, Sholavandan Police Station, Madurai District.

4.The Sub Inspector of Police, Sholavandan Police Station, Madurai District.

5.Subramanian ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 3rd and 4th respondents not to interfere with the civil dispute between the petitioner and the 5th respondent under the guise of any enquiry or any Kattapanchayat (Kangaroo Court).

For Petitioner : Mr.S.Muniyandi For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 to R4.

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents 1 to 4. Considering the nature of relief to be granted, issuance notice to the fifth 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.

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

Crl.O.P(MD)No.19923 of 2021 3.The learned counsel for the petitioner states that the respondent police are compelling the petitioner to execute a sale deed in favour of the fifth respondent. It is not case of the respondent police that any petition is pending enquiry against the petitioner. In respect of the cases already registered against him, he had come out on bail/anticipatory bail. Therefore, if the respondent police want to enquire the petitioner, they have to necessarily issue written summons. There is no question of orally summoning the petitioner. The respondent police cannot compel the petitioner to execute any sale deed in favour of any party. It is for the petitioner to make a choice voluntarily. 4.This criminal original petition is allowed on these terms.

Sd/- Assistant Registrar (CS III) // 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 Superintendant of Police, Madurai District,Madurai.

2.The Deputy Superintendant of Police, Samayanallur,Madurai District.

3.The Inspector of Police, Sholavandan Police Station,Madurai District.

4.The Sub Inspector of Police, Sholavandan Police Station, Madurai District.

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

+1 CC to M/s.S.MUNIYANDI, Advocate ( SR-39119[F] dated 16/12/2021 ) Crl.O.P(MD)No.19923 of 2021 15.12.2021 MGJ(04.01.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2