R. Venkatesh vs The Superintendent Of Police
2021 Latest Caselaw 25376 Mad

                                                                             CRL.O.P.No.24948 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 23.12.2021

                                                       CORAM:

                                   THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                               CRL.O.P.No.24948 of 2021

                     R. Venkatesh                            ...         Petitioner
                                                       Versus
                     1.The Superintendent of Police,
                       Krishnagiri District,
                       Krishnagiri.

                     2. The Inspector of Police,
                        Bagalur Police Station,
                        Hosur Taluk, Krishnagiri District. ...           Respondents

                     PRAYER: Criminal Original Petition has been filed under Section 482 of
                     the Code of Criminal Procedure to direct the Second respondent not to
                     harass the petitioner by appreciating the facts and circumstances of the
                     case.

                                      For Petitioner   :     Ms.V.Priyanka
                                                             for M/s.R.S.Maitreya

                                      For Respondents :      Mr.E.Raj Thilak
                                                             Additional Public Prosecutor




                     Page No.1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                   CRL.O.P.No.24948 of 2021




                                                           ORDER

This criminal original petition has been filed to direct the Second

respondent not to harass the petitioner.

2.The grievance of the petitioner is that the respondent police

under the guise of enquiry called the petitioner and harassed him. The

petitioner submits that the petitioner's father Ramaiah and one

Kempamma purchased the property in S.No.180 to an extent of 2.89

Acres, S.No.181 to an extent of 1.1.6 Acres and S.No.179/2B1 to an

extent of 0.67.0 Hectare situated at Kannimangalam Village, Hosur

Taluk, Krishnagiri District. The said Kempamma executed a Will in

favour of the petitioner's father and after the demise of the said

Kempamma, the petitioner's father became the absolute owner of the

property. Thereafter, a settlement deed bearing Doc.No.14674/2014 dated

17.10.2014 was executed in favour of the petitioner and the same was

registered on the file of SRO, Hosur. The petitioner is entitled to 1/6th

share in the property. This being so, one Umadevi and Vijayalakshmi

https://www.mhc.tn.gov.in/judis CRL.O.P.No.24948 of 2021

threatened him and lodged a false complaint against the petitioner to

disturb their peaceful possession and enjoyment of the properties. The

petitioner filed a Civil Suit in O.S.No.350 of 2018, which is pending

before the Additional Sub-Court, Hosur. Thereafter, the Civil Court by

judgment dated 04.11.2020 in O.S.No.350 of 2018 confirmed the

petitioner's right. Suppressing the same, complaint has been lodged

against the petitioner. The respondent police, without verifying the facts,

harassed the petitioner. Hence, the above petition.

4.The learned Additional Public Prosecutor submits that on the

complaint of one Nagaraj, the petitioner was called for an enquiry.

5.In view of the same, the petitioner is directed to appear before the

respondent police on 20.01.2022 along with the copy of the supporting

documents and give his explanation. Thereafter, the respondent police is

directed to enquire and proceed in accordance with law.

https://www.mhc.tn.gov.in/judis CRL.O.P.No.24948 of 2021

6. In view of the same, the criminal original petition is disposed of.

                     Index: Yes/No                                                      23.12.2021
                     Internet: Yes/No
                     sms
                     To
                     1.The Superintendent of Police,
                       Krishnagiri District,
                       Krishnagiri.

                     2. The Inspector of Police,
                        Bagalur Police Station,
                        Hosur Taluk, Krishnagiri District.

                     3.The Public Prosecutor,
                       High Court, Madras.




                                                                            M.NIRMAL KUMAR, J.




https://www.mhc.tn.gov.in/judis
                                               CRL.O.P.No.24948 of 2021




                                                                 sms




                                      CRL.O.P.No.24948 of 2021




                                                       23.12.2021







https://www.mhc.tn.gov.in/judis