1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.15651 of 2011 D.Senthil ... Petitioner Vs. 1. The Superintendent of Police Madurai District Madurai 2. The Deputy Superintendent of Police District Crime Branch Madurai 3. The Inspector of Police District Crime Branch Madurai District ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent not to harass or ill-treat the petitioner and his family members on the guise of enquiry in connection with a civil transaction. For Petitioner : Mr.R.Gandhi for Mr.M.Ajmal Khan For Respondents : Mr.P.Kannithevan Govt. Advocate (Crl. Side) O R D E R This Criminal Original Petition has been filed to direct the second respondent not to harass or ill-treat the petitioner and his family members on the guise of enquiry in connection with a civil transaction. 2. Heard Mr.R.Gandhi, learned counsel appearing for the petitioner and also Mr.L.Murugan, learned Government Advocate (Criminal side) appearing for the respondents . 3. The main grievance of the petitioner is that without any valid reason, the respondent police are harassing the petitioner and his family members. 4. According to the submission of the learned Government Advocate (Crl. Side), there is no complaint received against the petitioner and his family members nor any enquiry needed against the petitioner and his family members and therefore, there is no harassment. 5. Considering the submission made by the learned Government Advocate (Crl. Side), even if any complaint has been filed, the petitioner and his family members, shall not be harassed and enquiry shall be conducted by following procedure contemplated under D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 and the respondent shall not interfere in https://hcservices.ecourts.gov.in/hcservices/ 2 civil dispute relating to the property of any one of the rival parties and relating to properties concerned, the civil Court is the competent forum and if any cognizable offence is found made out, then, the interference of the police is warranted. The parties should approach only the Civil Court regarding civil dispute. 6. The Criminal Original Petition is disposed of, recording the submission made by the learned Government Advocate (Crl. Side). Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar(C.S) To 1. The Superintendent of Police Madurai District Madurai 2. The Deputy Superintendent of Police District Crime Branch Madurai 3. The Inspector of Police District Crime Branch Madurai District 4. The Additional Public Prosecutor Madurai Bench of the Madras High Court Madurai +1. CC to Mr.M.Ajmalkhan, Advocate, SR.No. 42397 vsg/am Crl.O.P.(MD).No.15651 of 2011 30.11.2011 TR : 09.12.2011: 2p/6c https://hcservices.ecourts.gov.in/hcservices/