P.Thangasamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.9515 of 2019 P.Thangasamy : Petitioner Vs.

1.State rep. by The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.State rep. by The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

3.Kumaresan : Respondents PRAYER : Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the second respondent not to interfere in the civil dispute or indulge Katta Panchayat in respect of the property S.No.504/1B situated at Pazhavoor Village (Part-II), Radhapuram Taluk, Tirunelveli District, by unnecessarily harassing the petitioner and his family members against law. For Petitioner : Mr.S.Vinayak For Respondents 1&2 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side) ******

ORDER

This petition has been filed seeking a direction to the second respondent not to harass the petitioner with regard to the civil dispute between the petitioner and the third respondent.

2. The grievance of the petitioner is that based on the complaint given by the third respondent, in a civil dispute, the second respondent is harassing the petitioner and also forced him to execute a sale deed in favour of the third respondent. In the above circumstances, the present petition has been filed.

3. Mr.K.Suyambulinga Bharathi, learned Government Advocate (Criminal side), takes notice on behalf of the first and second respondents.

4. Considering the nature of order being passed in this petition and it is no way prejudice to the third respondent, notice to the third respondent is dispensed with.

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5. The learned Government Advocate (Criminal side) appearing for the first and second respondents, on instructions, submitted that based on the complaint given by the third respondent, enquiry has been conducted and since the matter is being a civil dispute, the second respondent has closed the complaint.

6. Considering the fact that already the complaint has been enquired and closed, the second respondent is directed not to harass the petitioner under the guise of enquiry.

7. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

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

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

+1cc to Mr.S.VINAYAK, Advocate, SR.No. 73584 CRL.O.P.(MD).No.9515 of 2019 SML KK/SAR/09.07.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/