Criminal Original Petition disposed of directing the police not to interfere or harass the petitioner regarding a pending property dispute, restricting police actions to genuine cognizable offences.
Directions issued to the responding police to refrain from interfering with the civil dispute and harassing the petitioner without registering an FIR.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.12.2018
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
CRL.O.P.No.29052 of 2018
Kandhaswami.M.J.
... Petitioner
Vs.
The Inspector of Police, Milk Colony Police Station, Madhavaram, Chennai. ...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the respondent police to refrain from harassing the petitioner in the grab of investigation.
For Petitioner : Mr.J.Srinivasan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor ******
O R D E R
This Criminal Original Petition has been filed seeking for direction to the respondent police not to harass the petitioner.
2.Heard the learned Counsel for the petitioner and learned Additional Public Prosecutor for the respondent.
the petitioner against the respondent proceeding to take action in accordance with law.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
lpp/vsa
To
1.The Inspector of Police, Milk Colony Police Station, Madhavaram, Chennai.
+1cc to Mr.J.Srinivasan, Advocate sr.no.85962
CRL.O.P.No.29052 of 2018
pa(co)
nr 09/01/2019
2 issues framed by the court
Whether the police can harass the petitioner in the name of enquiry in a pending property dispute without registering an FIR.
Whether preliminary enquiry by police is permissible and restricted in duration without a cognizable offence made out.
Colour shows how this judgement treated each authority
Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353Referred¶15
1 provisions across 1 enactments
Kandhaswami.M.J.
The Inspector of Police, Milk Colony Police Station, Madhavaram, Chennai
N. ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
