Madras High CourtCRL OP(MD)/20588/2021disposed of

M.Chenguttuvan v. The Superintendent Of Police

2021-12-22Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.20588 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.20588 of 2021 M.Chenguttuvan ... Petitioner Vs.

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

2. The State rep. By, The Inspector of Police, Land Grabbing Unit, O/o.The District Collector, Palayankottai, Tirunelveli, Tirunelveli District.

3. S.Masanam ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct respondents 1 and 2 more particularly the second respondent to discontinue the torture and harassment at present and in future for handing over the possession and enjoyment of the property bearing Patta No.1161 situated at Shenbagaramanallur, Tirunelveli, to the third respondent forthwith without claiming any future right and pleasure. For Petitioner : Mr.S.Palani Velayutham For R-1 & R-2 : Mr.M.Sakthi Kumar, Government Advocate

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 a complaint has been received against the petitioner and that it is presently pending enquiry.

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

Crl.O.P.(MD)No.20588 of 2021 summoning the petitioner.

(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 petitioner. (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 petitioner will be given due notice. So that the petitioner will have breathing time to move the concerned Court for the relief of anticipatory bail. 4.The criminal original petition is disposed of accordingly. Sd/- Assistant Registrar (CSII) // True Copy // / /2022 Sub Assistant Registrar(CS) PMU 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, Tirunelveli District, Tirunelveli.

2. The Inspector of Police, Land Grabbing Unit, O/o.The District Collector, Palayankottai, Tirunelveli, Tirunelveli District.

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

Crl.O.P.(MD)No.20588 of 2021 22.12.2021 ARK (CO) AP (07.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2