B.Krishnaveni v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :24.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.14765 of 2021 B.Krishnaveni, W/o. Late T.S.Balasundaram

...Petitioner

Versus

The State rep. by the Inspector of Police, C-5 Kothaval Chavady Police Station

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent not to harass the petitioner.

For Petitioner :

Ms.Kritika Kamal P.

For Respondent :

Mr. A. Damodaran Government Advocate(Crl. Side)

ORDER

(This case has been heard through video conference) This Criminal Original Petition has been filed seeking a direction directing the respondent police not to harass the petitioner.

2. The petitioner is a lady, senior citizen, aged about 79 years, she has been called at odd hours at the guise of enquiry on the complaint given by one Yuvaraj. Hence, this petition has been filed seeking not to harass the petitioner.

3. The learned counsel appearing for petitioner would submit that the petitioner and the said Yuvaraj are relatives and there is some dispute with regard to sharing of family property, for which, a civil suit has been filed in O.S.No. 106 of 2021 before the XVI Asst. City Civil Court, Chennai, in which the said Yuvaraj is the Plaintiff and the petitioner herein is the 2nd defendant and the same is pending. This fact has been informed https://hcservices.ecourts.gov.in/hcservices/

to the respondent police along with documents. Despite the same, she had been called at odd hours on 31.07.2021 and 14.08.2021.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner was called for enquiry on 31.07.2021 and 14.08.2021 and she had submitted her explanation.

5. Heard the submissions made on either side and perused the materials available on records carefully.

6. It appears that it is a civil dispute with regard to sharing of family property. In view of the same, both the petitioner and the complainant Yuvaraj to proceed with the civil suit and seek appropriate relief before the Trial Court. In view of the same, a civil suit is pending between parties, this Criminal Original Petition is closed and the petitioner is not needed for any enquiry.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rpp/rgi To

1. The Inspector of Police, C-5 Kothaval Chavady Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

+1 CC to M/s.L.Prabakaran, Advocate, Sr.No. 42564 CRL.O.P.No.14765 of 2021 PL(CO) LS(14/09/2021) https://hcservices.ecourts.gov.in/hcservices/