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Madras High CourtCRL OP(MD)/551/2023disposed of

Moorthi v. The Commissioner Of Police

2023-01-10Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR Moorthi, : Petitioner Vs

1. The Commissioner of Police, Office of the Commissioner of Police, Trichy City

2. The Inspector of Police, Edamalaipattipudur Police Station, Trichy City

3. Kalpana, : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to issue a direction, directing the second respondent not to interfere into the civil dispute between the petitioner and the third respondent and not to disturb the construction work in connection with survey No. 191/27, UDR Survey No.58/27 at Edamalaipattipudur Village, Trichy by considering the 1/5

petitioner's representation, dated 12.09.2022. For Petitioner : Mr.D.S.Haroon Rasheed For R1 & R2 : Mr.R.Sivakumar Government Advocate (Crl.Side)

ORDER

This criminal original petition has been filed seeking a direction to the second respondent not to interfere into the civil dispute between the petitioner and the third respondent and not to disturb the construction work in connection with survey No. 191/27, UDR Survey No.58/27 at Edamalaipattipudur Village, Trichy by considering the petitioner's representation, dated 12.09.2022.

2.The learned Counsel appearing for the petitioner would submit that the petitioner had already filed a civil suit and obtained a decree for permanent injunction against three persons, including the third respondent herein.

3.The learned Government Advocate(Crl.Side) would submit that on the basis of the complaint given by the third respondent, the petitioner and the third respondent were summoned and after enquiry, the complaint was 2/5

ordered to be closed and that subsequently, the petitioner has filed this petition seeking not to interfere with the civil dispute. 4.Recording the said submission, the second respondent is directed to consider the petitioner's representation, dated 12.09.2022 and pass orders by taking note of the decree already obtained, within a period of two weeks, from the date of receipt of a copy of this order.

5.With the above direction, this criminal original petition is disposed of. 10.01.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No lr 3/5

To

1. The Commissioner of Police, Office of the Commissioner of Police, Trichy City

2. The Inspector of Police, Edamalaipattipudur Police Station, Trichy City

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR , J.

lr 10.01.2023 5/5