D.Praba v. The Joint Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.22474 of 2023 D.Praba ... Petitioner Vs.

1. The Joint Commissioner, South Zone, Chennai - 600 016.

2. The Assistant Commissioner of Police, O/o Ashok Nagar Police Station, Chennai - 600 083.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, directing the second respondent herein not to harass the petitioner in the guise of an enquiry in a matter which is pending before the Civil Court, except in a manner known to law. For Petitioner : Mr.C.Sivanesan For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl. Side)

O R D E R

The petitioner herein, who is squatting over the property of the landlord, alleged to have been assaulted and abused the landlord sought for 1/4

rental arrears or to vacate the premises and handover the premises. 2.

The learned counsel appearing for the petitioner submitted that already the landlord has initiated RLT.OP proceedings and the proceeding is pending before the District Munsif Court, Alandur. 3.

When a pertinent question is put to the counsel whether they failed to deposit the agreed rent regularly, he fairly conceded that rent is not paid. In such circumstances any landlord is legally entitled for the rent or get back the vacant premises. When he asked for rent or vacate the premises, it appears that the landlord was abused by the tenant in filthy language and threatened.

4.

Such cases cannot be just termed as civil dispute and restrain the police from taking cognizance of the offence. Hence, this Criminal Original Petition is dismissed.

05.10.2023 Index : Yes/No mac/rpl 2/4

To

1. The Joint Commissioner, South Zone, Chennai - 600 016.

2. The Assistant Commissioner of Police, O/o Ashok Nagar Police Station, Chennai - 600 083.

3. The Public Prosecutor, High Court, Madras.

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Dr.G.JAYACHANDRAN,J.

Mac/rpl Crl.O.P.No.22474 of 2023 05.10.2023 4/4