Madras High CourtCRL OP(MD)/3370/2019closed

M.Manimaran, v. The Superintendent Of Police

2019-03-06Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.3370 of 2019 M.Manimaran : Petitioner Vs.

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

2. The Inspector of Police, Woraiyur Police Station, Trichy District.

3. Latheef

4. Dhurap John : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent not to interfere in the civil dispute under the guise of enquiry based on the representation dated 21.01.2019 given to the first respondent in person and consequently to hand over the key of Hotel "Devi Mess" situated in Shop No.97/98, Bazaar, Big Sourashtra Street, Woraiyur, Bazaar Road, Trichy to the petitioner herein.

For Petitioner : Mr.N.Anandkumar For R-1 and R-2 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side) ***

ORDER

The present petition is filed to direct the second respondent not to interfere in the civil dispute, under the guise of enquiry based on the representation dated 21.01.2019 given to the first respondent in person and consequently to hand over the key of Hotel "Devi Mess" situated in Shop No.97/98, Bazaar, Big Sourashtra Street, Woraiyur, Bazaar Road, Trichy to the petitioner herein. 2.Heard the learned Counsel for the petitioner and the learned Government Advocate appearing for the respondent police. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Counsel for the petitioner submitted that the

second respondent, on the strength of a complaint given by the third respondent, who is the landlord of the petitioner, vis a vis the said premises, is harassing the petitioner and forced him to close the premises and he had obtained the key. He had also added that the petitioner has filed a civil suit in O.S.No.286 of 2018 and the same is pending.

4.The learned Government Advocate submitted that the second respondent has not obtained the key of the premises, which is now complaining of. He also submitted that a certain Jeyaraj, actual tenant of the premises, has also laid O.S.No.123 of 2019 against the petitioner and the same is pending.

5.While the Civil Court would decide the nature of inter se rights of the parties, this Court for the present, records the statement of the learned Government Advocate to the effect that the second respondent has not received the key of the premises nor is in possession of the same and the petitioner was not harassed by the respondent police, closes the Criminal Original Petition. Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Woraiyur Police Station, Trichy District.

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

+1 CC to M/s.N.ANANDA KUMAR, Advocate (SR-52405[F] dated 07/03/2019) CMR TE : 18/03/2019 : 2P/5C Crl.O.P.[MD]No.3370 of 2019 06.03.2019 https://hcservices.ecourts.gov.in/hcservices/