Madras High CourtCRL OP(MD)/3165/2018disposed of

Vadivel v. The Inspector Of Police

2018-03-15Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.3165 of 2018 1.Vadivel 2.Suresh Raja

...Petitioners

-Vs1. The Inspector of Police, Boothapandi Police Station, Kanyakumari District.

3. Balammal

...Respondents

Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the first respondent not to harass the petitioners under the guise of enquiry for an issue which is purely civil in nature.

For Petitioners : Mr.I.Robert Chandrakumar For 1st Respondent : Mr.Prabhu Ramachandran Government Advocate (Crl.Side) For 2nd Respondent : Mr.P.Mani Anand

ORDER

This Criminal Original Petition has been filed to direct the first respondent not to harass the petitioners under the guise of enquiry based on the complaint given by the second respondent. 2.The learned counsel appearing for the petitioners has submitted that the petitioners have constructed a house in the year 2009 for second respondent's daughter. He further submitted that after lapse of 8 years, the second respondent has filed a complaint before the first respondent stating that the petitioners have used substandard materials for constructing house. He further submitted that the said dispute is civil in nature, but the first respondent is harassing the petitioner under the guise of enquiry. 3.Mr.P.Mani Anand, learned counsel represented that he has been instructed by the second respondent to appear for her and he requested to grant time for filing vakalat.

4.The learned Government Advocate (Crl.side), who is appearing for the first respondent has submitted that after receipt of the complaint from the second respondent, CSR.No.67 of 2018 has been https://hcservices.ecourts.gov.in/hcservices/

issued and enquiry has been conducted after enquiry, the said complaint has been closed, as the dispute is civil in nature. 5.Since the complaint given by the second respondent before the first respondent has been closed, nothing survives in this petition. Hence, this Criminal Original Petition is disposed of. It is open to the second respondent to avail any other remedy which is available under the law.

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

1. The Inspector of Police, Boothapandi Police Station, Kanyakumari District.

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

+1cc to Mr.I.Robert Chandrakumar, Advocate Sr.No.55765 +1cc to Mr.P.Mani Anand, Advocate Sr.No.56157 DAS VB/SKN/RSK/SAR1/05/04/2018/2P/5C Crl.O.P.(MD) No.3165 of 2018 15.03.2018 https://hcservices.ecourts.gov.in/hcservices/