Madras High CourtCRL OP(MD)/22508/2024disposed of

Vivek v. The State Of Tamilnadu Rep.By

2024-12-20Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Vivek ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by the Superintendent of Police, 2.The Deputy Superintendent of Police, Peraiyur Division, Madurai.

3.The Inspector of Police, Peraiyur Police Station, 4.The Sub-Inspector of Police, Sedapatti Police Station, 5.K.S.Subaraj 6.Murugapandi 7.Vimalkumar ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the fourth respondent not to harass the petitioner under the guise of enquiry. 1/5

For Petitioner : Mr.P.Ganapathi Subramanian For R1 to R4 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

The learned counsel for the petitioner contended that the petitioner has been called for an enquiry by the third respondent Police, where he was allegedly forced and threatened to withdraw the civil suit and hand over possession. The Police are, according to the petitioner, improperly involving themselves in a civil dispute between the petitioner and private respondents 5 to 7. Hence, the petitioner has filed the present Criminal Original Petition.

2. The learned Additional Public Prosecutor submitted that the private respondents lodged a complaint with the Superintendent of Police, which was forwarded to the third respondent Police Station under current paper No.421/SPO/PYR/2024. Following the same, the petitioner was called for an enquiry on 07.04.2024. Although the petitioner agreed to appear, he failed to do so. Consequently, summons are now being 2/5

considered for service to the petitioner. The respondent Police have not forced the petitioner to withdraw the civil case or hand over possession. The respondent Police are fully aware of an A.D.G.P. Circular, which directs that they should not interfere in civil disputes between parties. Therefore, the enquiry will proceed accordingly. The petitioner is directed to appear before the respondent Police on 27.12.2024.

3. With the above direction, this Criminal Original Petition is disposed of.

NCC : Yes / No 20.12.2024 Index : Yes / No smn2 Note:- Issue order copy on 24.12.2024.

To 1.The Superintendent of Police, 2.The Deputy Superintendent of Police, Peraiyur Division, Madurai.

3.The Inspector of Police, Peraiyur Police Station, 3/5

4.The Sub-Inspector of Police, Sedapatti Police Station, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.NIRMAL KUMAR, J.

smn2 Order made in Dated: 20.12.2024 5/5