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Madras High CourtCRL OP(MD)/23166/2022disposed of

Francis Xavier v. The Superintendent Of Police

2023-01-03Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Francis Xavier ... Petitioner Vs.

1.State represented by The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Panagudi Police Station, Tirunelveli District.

3.Gnanaravichandran ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the second respondent not to harass the petitioner in the guise of enquiry.

For Petitioner : Mr.N.S.Ramakrishna Dass 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 second respondent not to harass the petitioner under the guise of enquiry.

2. When the matter is taken up for hearing today, 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.1024 of 2022 came to be registered.

3. Admittedly, the petitioner and the third respondent are brothers and even according to the petitioner, there existed land dispute between the petitioner and the third respondent.

4. Recording the submissions made on either sides, 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. 2/4

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

03.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm To 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Panagudi Police Station, Tirunelveli District.

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

3/4

K.MURALI SHANKAR,J.

csm Order made in Dated: 03.01.2023 4/4