Madras High Court
S.Kannan vs The Inspector Of Police on 1 September, 2015
Author: R.Mala
Bench: R.Mala
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.09.2015
CORAM
THE HONOURABLE MS.JUSTICE R.MALA
Crl.O.P.(MD)No.16198 of 2015
S.Kannan : Petitioner
Versus
1.The Inspector of Police,
Anti Land Grabbing Wing,
Tirunelveli District.
2.The Superintendent of Police,
Tirunelveli District. : Respondents
PRAYER
Criminal Original Petition is filed under Section 482 of the Code of
Criminal Procedure praying to direct the respondents not to harass the
petitioner unlawfully in civil dispute and set liberty to the petitioner to
solve the title dispute through O.S.No.134 of 2015 on the file of learned
Subordinate Judge, Valliyur, Tirunelveli District.
!For Petitioner : Mr.V.Maharajan
For Respondents : Mr.P.Kannithevan,
Government Advocate (Crl. Side)
:ORDER
Heard both sides.
2. The learned counsel for the petitioner would submit that the respondents are harassing the petitioner by interfering with the civil dispute pending between the parties and hence, the petitioner has come forward with this petition for the above stated relief.
3. The learned Government Advocate (Criminal side), on instructions, would submit that the petitioner is arrayed as A-5 in Crime No.16 of 2015, for the offences punishable under Sections 419, 420, 465, 468, 471, 506(ii) and 120(b) IPC.
4. Considering the rival submissions made on both sides, the respondents are directed not to harass the petitioner under the guise of enquiry, but let the police investigate into the matter in accordance with law and the mandates as found set out in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. If really, the police want to interrogate, it is open for the police to issue summons to the petitioner. Thereupon, the petitioner shall appear before the police and submit himself for interrogation.
5. The Criminal Original Petition is disposed of with the above direction.
To
1.The Inspector of Police, Anti Land Grabbing Wing, Tirunelveli District.
2.The Superintendent of Police, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. .