Madras High CourtCRL OP/29787/2019disposed of

Rajavadivu v. The Superintendent Of Police,

2020-11-06Honourable Mr Justice R. Pongiappan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :06.11.2020

CORAM:

THE HONOURABLE MR. JUSTICE R. PONGIAPPAN Crl.O.P.No.29787 of 2019 Rajavadivu .. Petitioner Vs.

1. The Superintendent of Police, Cuddalore District, O/o. District Police Office, Cuddalore.

2. The Sub Inspector of Police, Orathur Police Station, Chidambaram Taluk, Cuddalore District.

3. Manikandan

4. Devaki

5. Sivakamasundari

6. Selvi ..Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the Second Respondent not to interfere with the civil dispute arisen between the Petitioner and the Respondents 3 to 6.

For Petitioners : Mr.G.Pugezhenthi For Respondents 1 & 2 : Mr.S.Karthikeyan Additional Public Prosecutor R3 to R6 : Not ready in Notice

O R D E R

This Criminal Original Petition has been filed seeking direction to direct the second respondent not to interfere with the civil dispute arisen between the petitioner and the respondents 3 to 6.

2. Heard Mr.G.Pugezhenthi, learned counsel appearing for the petitioner and Mr.S.Karthikeyan, learned Additional Public Prosecutor appearing for the respondents 1 & 2.

3. The learned counsel for the petitioner submits that the respondents 3 to 6 were made attempt to dispossess the petitioner from the lands which are all now under the possession of the petitioner as the petitioner has no right over the said property. He would further submit that for the past several years, the petitioner had doing the cultivation works in the said lands with the help of the villagers. The specific allegation of the petitioner is that with the help of the second respondent, the respondents 3 to 6 were threatened him.

4. Learned Additional Public Prosecutor appearing for the respondents 1 & 2 on instructions would submit that in respect of the dispute arisen between the petitioner and the respondents 3 to 6, the petitioner has preferred a complaint before the second respondent and the same has been enquired in CSR.No.480 of 2019. However, the same has been closed on 17.10.2019. According to him, as of now, no petition is pending on the file of the second respondent. Further he undertakes that since the dispute arisen between the petitioner and the respondents 3 to 6 (who are the private parties) is civil in nature, the police will not interfere with the same unless a criminality is found there.

5. In view of the undertaking given by the learned Additional Public Prosecutor appearing for the respondents 1 & 2, this Criminal Original Petition is disposed of with the direction that the second respondent police is directed not to interfere with the civil dispute having by the petitioner with the respondents 3 to 6.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Superintendent of Police, Cuddalore District, O/o. District Police Office, Cuddalore.

2. The Sub Inspector of Police, Orathur Police Station, Chidambaram Taluk, Cuddalore District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.29787 of 2019 SS(CO) RV(02/12/2020)