1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2011 CORAM THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD).No.7408 of 2011 Shanmugam ... Petitioner -Vs- 1.The Superintendent of Police, Pudukottai District. 2.The Inspector of Police, District Crime Branch, Pudukottai District. ... Respondents 3.Radhakrishnan ... Intervenor (R3/intervenor as per per order dated 22.07.2011 in M.P(MD) No.1 of 2011) PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the second respondent for not to intervene into the subject matter relating to the civil dispute pending before the Revenue Divisional Officer, Pudukottai in Na.Ka.A.1/8579/2010, dated 26.10.2010 and harassed the petitioner and his wife. For Petitioner :Mr.R.Alagumani For Respondents :Mr.N.Balakrishnan for R3(for intervenor) Ms.S.Prabha Govt Advocate (Crl. side) for R1 and R2 ORDER This petition has been filed to direct the second respondent for not to intervene into the subject matter relating to the civil dispute pending before the Revenue Divisional Officer, Pudukottai in Na.Ka.A.1/8579/2010, dated 26.10.2010 and harassed the petitioner and his wife. 2.The learned Counsel for the petitioner submits that on the basis of complaint given by the intervener the petitioner was arrested by the respondents Police. 3.The learned Counsel for the intervener would submit that the property belonging to him, the petitioner herein transferred the patta https://hcservices.ecourts.gov.in/hcservices/ 2 in the name of his wife and attempted to alienate the property. Hence, the de-facto complainant given a complaint to the respondent police. On the basis of complaint only the petitioner was called for an enquiry. Hence, he prayed for dismissal of the petition. 4.The learned Government Advocate(Criminal Side) submits that no harassment has been made to the petitioner. 5. Whatever might be the circumstances, there shall be no harassment to the petitioner, 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. The petitioner is also permitted to take the assistance of the Advocate to the limited extent as found envisaged in the precedent cited supra. 6. With the above direction, this petition is closed. Sd/- Deputy Registrar(Writs) /TRUE COPY/ Assistant Registrar To 1.The Superintendent of Police, Pudukottai District. 2.The Inspector of Police, District Crime Branch, Pudukottai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD).No.7408 of 2011 gsr PA/04.08.2011/2P/4C https://hcservices.ecourts.gov.in/hcservices/