Madras High CourtCRL OP/27748/2018disposed of

S.Ramalingam v. The Superintendent Of Police,

2018-11-29Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :29.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.27748 of 2018 S.Ramalingam

...Petitioner

Vs.

1.The Superintendent of Police, Kanchipuram, Kanchipuram District.

2.The Inspector of Police, District Crime Branch/Land Grabbing Cell, Kanchipuram, Kanchipuram District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the 2nd respondent not to harass the petitioner based on the complaint given by Mrs.Jagadeeswari, G.Prabakaran, G.Dhanasekar and G.Makesh and other than due process of law.

For Petitioner :Mr.E.Vijay Anand For R1 & R2 :Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking for a direction to the respondent police not to harass the petitioner.

2. The learned counsel for the petitioner would submit that the property in question is a joint family property and already suits are pending between the parties in O.S.Nos.99, 101 and 127 of 2018. While so, the defacto complainant in the suit has given a complaint before the second respondent police as if the petitioner was grabbing the land. The learned counsel would submit that the dispute is Civil in nature and the second respondent should not interfere in this case.

3. From the available materials, it is seen that the parties are agitating their rights before Competent Civil Court. The second respondent will not have a role to play in a case of this nature. The second respondent is directed not to interfere with the dispute between the parties and the parties shall be relegated to the Civil Court, where the suits are pending. https://hcservices.ecourts.gov.in/hcservices/

4. The respondent police is directed not to harass the petitioner in the name of enquiry.

5. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ssr To 1.The Superintendent of Police, Kanchipuram, Kanchipuram District.

2.The Inspector of Police, District Crime Branch/Land Grabbing Cell, Kanchipuram, Kanchipuram District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.Vijay Anand , Advocate SR.No. 81615 Crl.O.P.No.27748 of 2018 ASK(21/12/2018) https://hcservices.ecourts.gov.in/hcservices/