D.Kannan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN D.Kannan ... Petitioner in Crl.O.P.(MD)No.20426 of 2021 M.S.Chandran ... Petitioner in Crl.O.P.(MD)No.20445 of 2021 Vs.

1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Anti Land Grabbing Special Cell, Virudhunagar.

3.Rajendrakumar ... Respondents in both Crl.O.Ps Common Prayer: Criminal Original Petitions are filed under Section 482 of Cr.P.C., to direct the 2nd respondent not to harass the petitioner on the guise of enquiry by compelling the petitioner to undergo the demands of the defacto complainant Rajendrakumar and not to conduct katta panchayat by interfering into civil dispute. (In both Crl.O.Ps) For Petitioner : Mr.K.R.Laxman For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 & R2.

Mr.V.Kathirvelu, Senior Counsel For Mr.K.Prabhu for R3.

C O M M O N O R D E R Heard the learned counsel for the petitioners, the learned Government Advocate (Crl. Side) for the official respondent and learned senior counsel for the third respondent. 2.The petitioners allege harassment at the hands of the respondent police. To forbear them from doing so, these criminal original petitions have been filed.

3.The learned Government Advocate (Crl. Side) submitted that the third respondent has given complaint and that it is being enquired into.

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4.In these circumstances, the following directions are issued:- (i) The petitioners are directed to appear before the second respondent on 25.12.2021 at about 11.00 am and cooperate with the enquiry.

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

(iv) If cognizable offence is made out and if the second respondent proposes to register any FIR, the petitioners will be given due notice so that the petitioners will have breathing space to move the concerned Court for the relief of anticipatory bail. 4.These criminal original petitions are disposed of accordingly.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) ias Note :

In view of the present lock down owing to COVID19 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, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Anti Land Grabbing Special Cell, Virudhunagar.

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

+1 CC to M/s.K.R.LAXMAN, Advocate ( SR-39906[F] dated 22/12/2021 ) 21.12.2021 MGJ(22.12.2021) 3P 5C 3/3