M.Ganesan v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.4313 of 2020 M.Ganesan, S/o.Late V.Manickam, No.185, Thomsonpet, Kaveripattinam, Krishnagiri Taluk and District.

... Petitioner Vs.

1. The Deputy Superintendent of Police, Krishnagiri Sub-Division, Krishnagiri.

2. The Inspector of Police, Kaveripattinam Police Station, Kaveripattinam, Krishnagiri District.

3. M.Gnanam, W/o.Late V.Manickam

4. M.Sathyamoorthy, S/o.Late V.Manickam

5. M.Shanmugam, S/o.Late V.Manickam

6. M.Muthukumar, S/o.Late V.Manickam

7. Amsa, W/o.Alagesan

8. Pachiamamal, W.o.Shankar Respondents 2 to 7 are residing at No.3/168, 2nd Cross, Sriramulu Nagar, Kaveripattinam Town, Krishnagiri Taluk & District.

... Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the first and second respondents and their subordinates or any other officials tracing power under them, not to interfere with the civil dispute between the petitioner and the third respondent to eight respondent as to the running of Saw Mill by name 'Thozhilalar Saw-Mill' being run at No.185, Thomsonpet, Kaveripattinam, Krishnagiri District, by the petitioner.

For Petitioner : Mr.R.Neelakandan For Respondents For R1 & R2 : Mr.S.Karthikeyan Additional Public Prosecutor For R3 to R8 : No appearance

ORDER

This petition has been filed for a direction, directing the first and second respondents and their subordinates, not to interfere with the civil dispute between the petitioner and third to eight respondents.

2. Heard Mr.R.Neelakandan, learned counsel appearing for the petitioner and Mr.S.Karthikeyan, learned Additional Public Prosecutor appearing for the first and second respondents.

3. It is seen that, there is a civil dispute between the petitioner and third to eight respondents in respect of the property by namely 'Thozhilalar Saw Mill' running at No.185, Thomsonpet, Kaveripattinam, Krishnagiri District.

4. The learned Counsel appearing for the petitioner would submit that on the date of alleged occurrence, the petitioner was in a possession of the property, he was forcibly taken away and a false complaint has been lodged in this regard.

5. The learned Additional Public Prosecutor appearing for the first and second respondents would submit that, on the complaint lodged by the counter party, a case was registered against the petitioner in Crime No.98 of 2020 for the offences punishable under Sections 294(b), 323, 447, and 506(i) of IPC.

6. Considering the above submission, the petitioner is directed to submit all the relevant documents to show his possession of the said disputed property before the first respondent. On receipt of the same, the first respondent is directed to consider those materials, complete the investigation and file final report within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar arb To

1. The Deputy Superintendent of Police, Krishnagiri Sub-Division, Krishnagiri.

2. The Inspector of Police, Kaveripattinam Police Station, Kaveripattinam, Krishnagiri District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.4313 of 2020 AJS(CO) GMY(21/09/2020)