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Madras High CourtCRL OP(MD)/2006/2024dismissed

Vaiyapuri v. The Superintendent Of Police

2024-02-09Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.2006 of 2024 Vaiyapuri

...Petitioner

vs 1.The Superintendent of Police, O/o. Superintendent of Police Office, RTO Office Backside, Thanthondri Malai, 2.The Deputy Superintendent of Police, Kuzhithalai, 3.The Inspector of Police, Kuzhithalai Police Station, Kuzhithalai, 4.Manjula 5.Gurunathan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the 3rd Respondent herein not to interfere with the civil 1/5

dispute in ASSR (MD) No.3385 of 2024 between the Petitioner and 4th and 5th Respondents herein.

For Petitioner : Mr.V.Sebastinal Preethi For R1 to R3 : Mr.M.Veeranthiran Government Advocate (Crl.side) For R4 & R5 : Mr.S.Vasik Ali

O R D E R

The learned Counsel for the Petitioner submits that the Petitioner is a tenant in the agricultural property. The third Respondent had summoned the Petitioner. Therefore, he was forced to file this Petition seeking direction against the Respondents 1 to 3 not to harass the Petitioner involving civil dispute.

2.The learned Government Advocate (Crl.side), on instructions of the third Respondent, would submit that a case had been registered against the Petitioner and others in Crime No.86 of 2024 on 07.02.2024 based on the complaint of the fifth Respondent for the offence under Sections 147, 148, 294(b), 323, 324, 427, 447, 506(i) and 379 IPC. He would further submit that the Respondents 4 and 5 are still in the hospital. 2/5

3.In the light of the submissions made by the learned Government Advocate (Crl.side), since a case is registered against the Petitioner and it is pending, he cannot seek directions against the Respondents 1 to 3 not to harass him. The Petitioner, who is facing criminal case, as a citizen of this country shall abide by the rulings of the Hon'ble Supreme Court in the case of Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353 and the case of Arnesh Kumar Vs. State of Bihar and another reported in 2014 (8) SCC 273 and to co-operate with the pending enquiry. Accordingly, this Criminal Original Petition is dismissed. Internet:Yes./No 09.02.2024 Index:Yes/No mm To 1.The Superintendent of Police, O/o. Superintendent of Police Office, RTO Office Backside, Thanthondri Malai, 3/5

2.The Deputy Superintendent of Police, Kuzhithalai, 3.The Inspector of Police, Kuzhithalai Police Station, Kuzhithalai, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.2006 of 2024 09.02.2024 5/5