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Madras High CourtCRL OP/499/2019disposed of

Patel Thimmaraya Gowda v. The Superintendent Of Police,

2019-01-08Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.499 of 2019 Patel Thimmaraya Gowda

...Petitioner

Vs.

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

2.The Deputy Superintendent of Police, Hosur, Krishnagiri District.

3.The Inspector of Police, Mathigiri Police Station, Krishnagiri District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondents not to harass the petitioner by appreciating the facts and circumstances of the case.

For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents police not to harass the petitioner by appreciating the facts and circumstances of the case.

2. Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor for the respondents.

3. It is seen from the records that the suit is pending in O.S.No.100 of 2007, on the file of the Sub Court, Hosur. This petitioner is shown as 7th defendant in the said suit. It is the case of the petitioner that the plaintiff in the suit has given a complaint before the third respondent and is attempting to evict the petitioner from the residential premises, even though the suit is pending.

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4. The dispute in question is purely civil in nature and the parties will have to work out their remedy only in the pending suit. The respondent police do not have any role to play in a case of this nature. The respondent police shall not call the petitioner for an enquiry and shall relegate the parties to approach the appropriate civil Court.

4. This Criminal Original Petition is disposed of, with the above directions.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar rpl/stm To 1.The Superintendent of Police, Krishnagiri District, Krishnagiri.

2.The Deputy Superintendent of Police, Hosur, Krishnagiri District.

3.The Inspector of Police, Mathigiri Police Station, Krishnagiri District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Jayaprakash, Advocate sr.no.2071 Crl.O.P.No.499 of 2019 nr 31/01/2019 https://hcservices.ecourts.gov.in/hcservices/