Madras High CourtCRL OP(MD)/3527/2018disposed of

Ayyappan v. The Director General Police

2018-03-16Honourable Mr Justice P. Rajamanickam3 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.3527 of 2018 Ayyappan ... Petitioner -vs1. The Director General Police, Chennai.

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

3. The Inspector of Police, Alanganallur Police Station, Madurai District.

4. The Inspector of Police, Anti-Land grabbing wing, Madurai District, Madurai.

5. Thavamani ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the first and second respondents to give suitable direction to the third and fourth respondent not to involve or interfering in the civil dispute among the petitioner and the fifth respondent with regarding to the property situated Survey No.1 Block No.876 Plot No.55 of Sikkandhar Chavadi Madurai. In shop premises which is fully in the nature of civil and not to harass the petitioner on the basis of the complaint given by the fifth respondent and his men. For Petitioner : Mr.S.Balaji For Respondents 1 to 4 : Mr.Prabhu Ramachandran, Government Advocate (Crl.Side).

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ORDER

This Criminal Original Petition has been filed to direct the respondents 3 and 4 not to involve in the civil dispute, which is pending between the petitioners and the fifth respondent with

regard to the property situated in Survey No. 1 Block No.876 Plot No.55 of Sikkandhar Chavadi Madurai.

2.The learned counsel appearing for the petitioner has submitted that there is a dispute between the petitioner and the fifth respondent with regard to the property situated in Survey No. 1 Block No.876 Plot No.55 of Sikkandhar Chavadi Madurai. He further submitted that the petitioner has filed a suit against the fifth respondent in O.S.No.85 of 2015, on the file of the District Munsif Court (Taluk), Madurai, and the said suit is still pending. He further submitted that already the fifth respondent gave a complaint against the petitioner herein and based on that, First Information Report has been registered in Crime No.220 of 2015, under Sections 417 and 420 IPC and that being so, the fifth respondent, on the same said of facts, gave another complaint and based on the said complaint, the fourth respondent is harassing the petitioner.

3.The Government Advocate (Crl. Side) has submitted that after receipt of the complaint from the fifth respondent, the fourth respondent has conducted an enquiry and closed the complaint as dispute is civil in nature and hence, the question of harassing the petitioner does not arise.

4.Recording the aforesaid submissions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To

1. The Director General Police, Chennai.

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

3. The Inspector of Police, Alanganallur Police Station, Madurai District.

4. The Inspector of Police, Anti-Land grabbing wing, Madurai District, Madurai.

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

+ 1 cc TO Mr.S.Balaji , Advocate in SR No. 56068 cp AE/KK/SAR3/10.04.2018/3P/7C CRL.O.P.(MD)No.3527 of 2018 16.03.2018