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Madras High CourtCRL OP/29348/2024dismissed

L.Kamal Batcha v. The Superintendent Of Police,

2024-11-26Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN L.Kamal Batcha ... Petitioner Vs.

1. The Superintendent of Police, Tiruvarur District.

2. The Inspector of Police, Muthupettai Police Station, Tiruvarur District.

3. The Inspector of Police, CBCID, Tiruvarur District.

... Respondents Prayer: Criminal Original Petition is filed under Section 528 BNSS, 2023, to transfer the investigation in Crime No.173 of 2024 and other FIRs related to the petitioner pending on the file of the second respondent police and transfer the same to the third respondent. For Petitioner : Mr.M.Mohamed Riyaz For Respondents : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

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This Criminal Original Petition is filed to transfer the investigation in Crime No.173 of 2024 and other FIR's related to the petitioner, pending on the file of the second respondent/Police and transfer the same to the third respondent.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and perused the materials available on record.

3. It is seen from the records that there is a property dispute between the petitioner and his son and his daughter-in-law, which is purely civil in nature and it is for the petitioner to work out his remedy before the competent Civil Court in the manner known to law.

4. Time and again, this Court has warned the Police not to interfere with the civil dispute. The respondents/Police are restricted to conduct investigation only on the criminal allegations related to the petitioner and they should not touch upon the allegations of civil dispute related to the petitioner.

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5. With the above directions, this Criminal Original Petition is dismissed.

26.11.2024 Index : Yes/No Speaking Order : Yes/No ms To

1. The Superintendent of Police, Tiruvarur District.

2. The Inspector of Police, Muthupettai Police Station, Tiruvarur District.

3. The Inspector of Police, CBCID, Tiruvarur District.

4. The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 26.11.2024 4/4