C.Mahalingam v. The Assistant Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.891 of 2019 C.Mahalingam

...Petitioner

Vs.

1. The Assistant Commissioner of Police, Ambattur Sub Division Police Station, Chennai 600 053.

2. K. Sridhar

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the first respondent from initiating criminal proceedings against the petitioner pertaining to the execution of sale deed No.6643 of 2013 by the petitioner in favour of the 2nd respondent before the Deputy Sub-Registrar, Kundrathur, which is pending on the file of District Munsif, Poonamallee in OS.NO.180/2008 For Petitioner : Mr.G.Purushothaman For Respondent : Mr.M.Mohamed Riyaz for R1 Additional Public Prosecutor

O R D E R

This petition has been filed for a direction to the respondent police not to harass the petitioner and not to interfere in a civil dispute between the parties. 2.

It is seen from records that suit is pending in OS No.180 of 2008 before the District Munsif Court, Poonamalle with regard to the very same property. Therefore, the parties will have to work out their remedy only in the pending suit. If the respondent police on enquiry finds that civil rights are involved between the parties, the parties shall be relegated to the civil Court and the police need not interfere in the dispute. It is made clear that the respondent police should not harass the petitioner in the name of enquiry.

3.

This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS ) //True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ rli/rka

To

1. The Assistant Commissioner of Police, Ambattur Sub Division Police Station, Chennai 600 053.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Purushothaman , Advocate SR.No. 2844 Crl.O.P.No.891 of 2019 A.SK(11/01/2019) https://hcservices.ecourts.gov.in/hcservices/