Madras High CourtCRL OP(MD)/16756/2023disposed of

Dhanasekaran v. The Superintendent Of Police

2023-09-21Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD)No.16756 of 2023 Dhanasekaran ... Petitioner Vs.

1.The Superintendent of Police, Office of Superintendent of Police, Thanjavore District.

2.The Deputy Superintendent of Police, DSP - Office, Thanjavore.

3.The Inspector of Police, Medical College Police Station, Thanjavore.

4.Manickam

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondent Nos.2 and 3 not to harass the petitioner and his family members in guise of enquiry in pending Civil Disputes, Based on the online representation, dated 11/9/2023.

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For Petitioner :Mr.R.Senthil Kumar For R1 to R3 :Mr.SS.Madhavan Government Advocate (crl.side) O RDER This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking for a direction to the respondent police not to interfere in the civil dispute pending between the petitioner and the respondent No.4.

2.It is submitted by the learned counsel for the petitioner that there are disputes between the petitioner and the respondent No.4 and the petitioner has filed CRP(MD) No.413 of 2023, wherein this Court has passed interim orders in favour of the petitioner directing not to vacate the premises. It is submitted further that the respondent police basing on a false complaint given by the respondent No.4 have harassed the petitioner and asked him to vacate the premises. 3.The learned Government Advocate (Crl.side) submits that basing on the representation of the respondent No.4, an enquiry has been conducted in 2/5

C.P.No.G3/22700/1711/2023 dated 10.08.2023 and during the course of enquiry only, the petitioner was called for and he was never asked to vacate the premises. 4.Considering the submissions made by the learned counsel on either side and on perusal of the records, the petitioner is at liberty to approach the police and file a copy of the stay order passed by this Court in CRP.(MD) No.413 of 2023, on filing of which the respondent police are directed to complete the enquiry and close the same. It is needless to state that the police are not having any role to play in the civil dispute between the petitioner and the respondent No. 4.

5.With the above directions, this Petition is disposed of. No costs. Speaking : Yes / No 21.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 3/5

To 1.The Superintendent of Police, Office of Superintendent of Police, Thanjavur District.

2.The Deputy Superintendent of Police, DSP - Office, Thanjavur.

3.The Inspector of Police, Medical College Police Station, Thanjavur.

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.16756 of 2023 21.09.2023 5/5