Madras High CourtCRL OP(MD)/3513/2018disposed of

Vijaya v. The Superintendent Of Police

2018-03-16Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.3513 of 2018 Vijaya ... Petitioner -vs1. The Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Keelavalavu Police Station, Keelavalavu, Madurai District.

(Crime No.Not Known of 2018) ... 1st & 2nd Respondents/ Complainants 3.Nathiya ... 3rd Respondent/ De-facto Complainant Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent not to interfere in civil disputes between the petitioner and De-facto Complainant on the file of the second respondent police, relating to the property situated in Survey No.138/8B in Patta No.4560, Keelavalavu Village, Melur Taluk, Madurai District. For Petitioner : Mr.M.Balakrishnan For Respondents 1 and 2 : Mr.Prabhu Ramachandran, Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the second respondent not to interfere in the civil dispute.

2.The learned counsel appearing for the petitioner has submitted that the petitioner has purchased a property, which is situated in Survey No.138/8B in Patta No.4560, Keelavalavu Village, Melur Taluk, Mdurai District, in the year 2016. After two years, the vendor gave a false complaint stating that petitioner has grabbed his property. He further submitted that the said dispute is purely civil in nature, but the second https://hcservices.ecourts.gov.in/hcservices/

respondent is compelling the petitioner to execute the document in favour of the third respondent and thereby, he is harassing the petitioner.

3.The Government Advocate (Crl. Side) has submitted that the complaint is still pending for enquiry.

4.Considering the aforesaid submissions, the second respondent is directed to expedite the enquiry and if the enquiry reveals any cognizable offence, then he has to register a case and proceed further in accordance with law. Instead of doing so, he should not unnecessarily harass the petitioner.

5.With the aforesaid submissions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Keelavalavu Police Station, Keelavalavu, Madurai District.

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

+1cc to Mr.M.Balakrishnan, Advocate Sr.No.55837 CP VB/CVC/SAR1/06.04.2018/2P/5C CRL.O.P.(MD)No.3513 of 2018 16.03.2018 https://hcservices.ecourts.gov.in/hcservices/