Madras High CourtCRL OP(MD)/2137/2024dismissed

M.Pichaiammal v. The Commissioner Of Police

2024-02-12Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2024 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

1. M.Pichaiammal

2. M.Pandiarajan

3. T.Muthuramalingam ... Petitioners Vs.

1. The Commissioner of Police Madurai District.

2. The Inspector of Police, City Crime Branch -III, Madurai City.

3. The Sub Inspector of Police, City Crime Branch-III, Madurai City.

4. R.Gangadharan Raja ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the second Respondent not to interfere the civil dispute and not to harass the Petitioner on the basis of the Petitioner's representation dated 07.02.2024. 1/4

For Petitioners : Mr. G.Thiruvarutselvan For R1 to R3 : Mr.T.Senthil Kumar Additional Public Prosecutor For R4 : Mr.R.Srinivasan

ORDER

This Criminal Original Petition had been filed seeking direction against the second Respondent not to harass the Petitioners.

2. The learned Counsel for the Petitioners submitted that this petition was filed seeking direction earlier and at that time the Assistant Commissioner of Police, Madurai was the Respondent in that case. Subsequently, this Court has directed the City Crime Branch and now, it is pending with the City Crime Branch. Now, even after the direction of this Court, the Respondents are not heeding to the orders of this Court and summoned the Petitioners by causing harassment. Therefore, the Petitioners were forced to file this petition.

3. The learned Counsel appearing for the fourth Respondent submitted that the Petitioner does not have any piece of paper to support his contention and have not claimed right in the property belonging to the 2/4

fourth Respondent. It is the submission of the learned Counsel for the fourth Respondent that the property is in possession and enjoyment of the family members of the fourth Respondent from the year 1962. Both the Petitioners and the fourth Respondent are claiming right over the same property and they had to approach the Civil Court and not the police.

4. Recording the submission of both the parties, this Criminal Original Petition is dismissed with a direction to the Petitioners to approach the Civil Court for appropriate relief.

12.02.2024 Index : Yes/No Internet:Yes/No jbr To

1. The Commissioner of Police Madurai District.

2. The Inspector of Police, City Crime Branch -III, Madurai City.

3. The Sub Inspector of Police, City Crime Branch-III, Madurai City.

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

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SATHI KUMAR SUKUMARA KURUP, J., jbr 12.02.2024 4/4