SHEIK FAROOQ Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This Criminal Original petition has been filed seeking a direction to the respondents not to harass the petitioner under the guise of enquiry by interfering in civil dispute.

(2.) The learned counsel for the petitioner submits that the petitioner is a tenant under one Syed Ghouse Mydeen, son of S.M.Mahaboob Basha with regard to the commercial complex at door no.2/80-2C, Melapanangadi Main Road, Madurai and he is also running a fancy cum electrical store in the name and style of "Bismi Fancy Store". According to him, the land lord attempted to evict him forcibly without following due process of law and therefore, the petitioner has filed a Civil Suit before the District Munsif Court, Melur, in O.S.No.177 of 2019 seeking injunction and also sought for interim injunction in I.A.No.1 of 2019 and while so, in order to evict him, the land lord adopted a method of foisting a false complaint against the petitioner before the second respondent police with the intention to harass the petitioner.

(3.) The learned Additional Public Prosecutor, on instructions, submits that it is not the question of any tenancy between the petitioner and Syed Ghouse Mydeen and as a friend he was in occupation and even without paying any rent, the petitioner is occupying the property illegally and has also filed a suit with false averments to evade any payment of rent and the mother of the land lord namely Jani Begam, who approached the petitioner for a rent was abused, pushed down and also criminally intimidated on account of which, Jani Begam lodged a complaint on 08.06.2020, before the second respondent police and the same was pending and treated as petition enquiry in C.S.R.No.253 of 2020 dated 08.06.2020 and a summon was also issued to the petitioner under Sections 91 and 160 Cr.PC. calling for enquiry. The petitioner, in order to evade the enquiry before the second respondent police, has approached this Court by way of filing this petition.