Madras High CourtCRL OP(MD)/240/2018disposed of

Sundara Gurulakshmi v. The Superintendent Of Police

2018-01-08Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.OP.(MD) No.240 of 2018 Sundara Gurulakshmi ... Petitioner Vs.

1.The Superintendent of Police, Theni District.

2.The Sub Inspector of Police, Devaram Police Station, Theni District.

3.Palkannan ... Respondents PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent not to interfere into the existing civil dispute between the petitioner and the third respondent under the guise of enquiry on the basis of the complaint of the third respondent.

For Petitioner : Mr.D.Venkatesh For R1 and R2 : Mr.Prabu Ramachandran Government Advocate (crl. Side) For R3 : No appearance ***

ORDER

This Petition has been filed by the petitioner to direct the second respondent not to harass the petitioner under the guise of enquiry based on the complaint given by the third respondent. 2.The learned counsel for the petitioner submitted that already the petitioner has filed a suit in O.S.No.254 of 2017 on the file of the Subordinate Judge, Uthamapalayam, claiming right of cart track. He further submitted that the third respondent also filed a suit in O.S.No.92 of 2017, on the file of District Munsif, Bodinayakanoor, seeking permanent injunction. He further submitted that when civil suits are pending, the third respondent gave a false complaint before the second respondent, with a view to force the petitioner to dispose of the property and based on the said complaint the second respondent is harassing the petitioner.

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3.The learned Government Advocate (Crl.Side) has submitted that based on the complaint given by the third respondent, the petitioner was called upon for enquiry, but the second respondent has not harassed the petitioner.

4.Considering the both side submissions the second respondent is directed to enquire with regard to the complaint given by the third respondent and if it is found that any cognizable offences is made out, then he can register a case and proceed in accordance with law and after enquiry if it is found that the dispute between the parties is civil in nature, then he can direct the parties to get appropriate remedies in the suits filed by them. 5.With the above said observations this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Theni District.

2.The Sub Inspector of Police, Devaram Police Station, Theni District.

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

+One cc to Mr.D.Venkatesh, Advocate, SR.No.41071 gsp/cp RL/5C/2P/KK/SAR4/24/1/2018 CRL.OP.(MD) No.240 of 2018 08.01.2018 https://hcservices.ecourts.gov.in/hcservices/