M.Sulaimaan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2022

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR M.Sulaimaan ... Petitioner Vs.

1.The Superintendent of Police, Ramanadhapuram District.

2.The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District.

3.Naseer Ahamed 4.Rahumadh Beevi 5.Seeni Mohamed ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the first respondent to instruct the second respondent not to harass the petitioner in the name of enquiry. For Petitioner : Mr.K.S.Durai Pandian For R1 & R2 : Mr.R.Sivakumar Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the first respondent to instruct the second respondent not to harass the petitioner under the guise of enquiry.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2.

3. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that on the basis of the complaint given by the third respondent, CSR.No.152 of 2022 came to be registered and after enquiry, the same was ordered to be closed and that thereafter, the petitioner has given a complaint and the same is pending. He would further submit that there existed property dispute between the parties.

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4. The learned counsel appearing for the petitioner would submit that the petitioner's brother Syed Ibrahim filed a civil suit in O.S.No.74 of 2013 and interlocutory application in I.A.No.167 of 2013 and that after enquiry, the application in I.A.No.167 of 2013 was ordered to be dismissed.

5. Considering the submission made by the learned Government Advocate (Criminal Side), the second respondent is directed to follow the dictum laid down in the case of Lalita Kumari Vs. Government of Uttar Pradesh and Others reported in (2014) 2 SCC 1 and pass orders in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

6. With the above direction, this Criminal Original Petition stands disposed of.

19.12.2022 Index :

Yes / No Internet :

Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Superintendent of Police, Ramanadhapuram District.

2.The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District.

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

Order made in Dated: 19.12.2022 4/4