Adaikalasami v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 30.01.2019

CORAM:

THE HON'BLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.2371 of 2019 Adaikalasami ... Petitioner Vs.

1.The Superintendent of Police, Ariyalur District, Ariyalur.

2.The Deputy Superintendent of Police, Jayamkondam, Ariyalur District.

3.The Inspector of Police, Andimadam Police Station, Andimadam, Ariyalur District.

4.Rathinasamy ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the third respondent not to interfere with the civil disputes between the petitioner and the fourth respondent when the cvil suit is pending before the District Munsif Court, Jayamkondam in O.S.No.387 of 2016 and consequently issue direction directing the respondents to act in accordance with the order dated 22.06.2018 made in I.A.No.1201 of 2016 in O.S.No.387 of 2016.

For Petitioner : Mr.G.Pugazhenthi For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking for a direction to the third respondent police not to interfere with the civil dispute pending between the petitioner and the fourth respondent.

2.It is seen from records that there is already a civil suit pending between the petitioner and the fourth respondent in O.S.No.387 of 2016, on the file of the District Munsif Court, Jayamkondam.

The grievance of the petitioner is that the third respondent is interfering with the dispute and threatening the petitioner to give up his right in favour of the fourth respondent.

3.The learned counsel for the petitioner brought to the notice of this Court, the interim injunction granted by the Court below in favour of the petitioner in I.A.No.1201 of 2016 in O.S.No.387 of 2016. The learned counsel for the petitioner further submitted that the petitioner will work out his remedy as against the fourth respondent in the pending suit and the third respondent police should be directed not to interfere with the dispute.

4.In a dispute of this nature, the police will have no role to play. The petitioner and the fourth respondent will have to work out their remedy only in the pending suit and there shall be a specific direction to the third respondent not to interfere with the civil dispute pending before the Court below. 5.This Criminal Original petition accordingly disposed of. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To:

1.The Superintendent of Police, Ariyalur District, Ariyalur.

2.The Deputy Superintendent of Police, Jayamkondam, Ariyalur District.

3.The Inspector of Police, Andimadam Police Station, Andimadam, Ariyalur District.

4.The Public Prosecutor, Madras High Court, Madras.

+1cc to Mr.G.Pugazhenthi, Advocate Sr.7374 Crl.O.P.No.2371 of 2019 kji[co] srg 27/02/2019