Rahumathullah v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Rahumathullah ... Petitioner Vs.

1.The Superintendant of Police, Office of the Superintendant of Police, Madurai District.

2.The Inspector of Police, Melur Police Station, Madurai District.

3.Dakshnamoorthi ...Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the respondents not to harass the petitioner and his relative namely Anish Khan and Abuthahir without any valid reason.

For Petitioner : Mr.S.M.A.Jinnah For R1 and 2 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) 1/5

ORDER

This petition has been filed to direct the respondents not to harass the petitioner and his relative namely Anish Khan and Abuthahir without any valid reason.

2.The learned counsel appearing for the petitioner submitted that the defacto complainant and his family used the pathway of the petitioner through the gate of placed on the fencing. When the same was questioned by the petitioner's father, the third respondent tried to attack the petitioner's father and abused him with filthy language. Thereafter, the defacto complainant has lodged a false complaint against the petitioner and his family members.

3.The learned Government Advocate (Crl. Side) submitted that there was a property dispute between the petitioner and the third respondent. But taking the law into his own hands, the petitioner alleged to have removed the gate, which was placed by the private respondent in the property. Over which, a case in Crime No.747 of 2023 was 2/5

registered for the offences under Sections 109, 427, 294(b) and 506(ii) of IPC r/w 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989, on 09.11.2023.

4.Since the case was registered against the petitioner, let the petitioner cooperate with the second respondent to complete the process of investigation. There is no question of harassment. If any trouble arises, he can work out their remedy through appropriate civil process. 5.With the above directions, this Criminal Original Petition is disposed of.

17.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No VSG 3/5

To 1.The Superintendant of Police, Office of the Superintendant of Police, Madurai District.

2.The Inspector of Police, Melur Police Station, Madurai District.

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

4/5

G.ILANGOVAN ,J.

VSG 17.11.2023 5/5