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Madras High CourtCRL OP(MD)/19256/2023disposed of

Vaiyanan v. The Deputy Superintendent Of Police

2023-10-30Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.19256 of 2023 Vaiyanan

...Petitioner

Vs.

1.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Vilathikulam Taluk, Thoothukudi District.

2.The Sub-Inspector of Police, Vilathikulam Police Station, Thoothukudi District.

3.Rajalakshmi 4.Ramalakshmi 5.Revathy 6.Hariram 1/5

7.Krishnamoorthy

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents No.1 and 2 not to harass the petitioner and his family members under the guise of enquiry.

For Petitioner :Mr.M.M.Manivel Pandian For Respondent :Mr.M.Sakthi Kumar Government Advocate (Crl. Side) O RDER This Criminal Original Petition is filed to direct the respondents No.1 and 2 not to harass the petitioner and his family members under the guise of enquiry.

2. The learned Government Advocate (Crl.Side) would submit that on the basis of the complaint given by one Revathy, who is fifth respondent herein, enquiry is undertaken in C.No.576/2023. Only for the purpose of making enquiry, the petitioner has been called. There is no harassment on the part of the official respondents.

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3. The learned counsel for the petitioner would submit that in respect of petitioner's family property, some forged document has been executed by the respondents No.3 to 7 and to declare those documents as null and void, the petitioner filed a suit in O.S.No.26 of 2020 before the District Munsif Court, Vilathikulam. Pending the said suit, complaint has been given by the fifth respondent. On the basis of the above said complaint, enquiry is undertaken. According to him, it is not legal.

4. But however, considering the fact that the complaint has been given by the fifth respondent, making some allegations, let the petitioner appear before the second respondent and give proper particulars. So that, the second respondent may conduct enquiry in a fair manner. Let the said enquiry be completed within a period of fifteen days from the date of appearance of the parties. During the course of enquiry, if any trouble arises, the petitioner can workout his remedy through appropriate proceedings.

5. With the above said direction and liberty, this Criminal Original 3/5

Petition is disposed of.

Speaking : Yes / No 30.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No Indu To 1.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Vilathikulam Taluk, Thoothukudi District.

2.The Sub Inspector of Police, Vilathikulam Police Station, Thoothukudi District.

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

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G.ILANGOVAN. J.

Indu Crl.O.P.(MD)No.19256 of 2023 30.10.2023 5/5