Madras High CourtCRL OP(MD)/2636/2021dismissed

Sankaralingam v. The Superintendent Of Police

2021-02-19Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.2636 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.2636 of 2021 Sankaralingam ... Petitioner Vs.

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

2.The Inspector of Police, Veeravanallur Police Station, Veeravanallur, Tirunelveli District.

3.Durairaj 4.Natchiyar 5.Kannan ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondents not to harass the petitioner by interfering with the civil dispute between the petitioner and the private respondents.

For Petitioner : Mr.S.Sathya Chidhambaram For R1 & R2 : Mr.R.Erottuchamy Government Advocate (Criminal Side)

ORDER

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure seeking for a direction to the second respondent not to harass the petitioner by interfering with the civil dispute between him and the private respondents. 2.The learned counsel appearing for the petitioner contended that the third respondent, who is the father of the petitioner executed a settlement deed in his favour and based on the said settlement, he is residing in the property and that at the instigation of another son of the third respondent, the fourth respondent, who is the mother of the petitioner has lodged a complaint against the petitioner's wife and based on the said complaint, the police is directing the present petitioner not to enter into his house.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2636 of 2021 3.Mr.R.Erottuchamy, learned Government Advocate (Criminal side), who accepts notice on behalf of the first and second respondents, on instructions, would contend that the complaint lodged by the fourth respondent with the second respondent against the present petitioner's wife was enquired by the second respondent and the same was closed on 11.02.2021 in CSR.No.60 of 2021, since the present petitioner represented before the police that he would resolve the dispute before a competent civil Court. 4.The aforesaid submission has not been refuted by the learned counsel appearing for the petitioner.

5.Recording the submissions made by the learned Government Advocate (Criminal side), the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(AS) // True Copy // / /2021 Sub Assistant Registrar(CS) Rmk Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Veeravanallur Police Station, Veeravanallur, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.2636 of 2021 19.02.2021 SVN(CO) TR(12.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2