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Madras High CourtCRL OP(MD)/2945/2025disposed of

Einstean v. The State Of Tamil Nadu

2025-02-18Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P.(MD)No.2945 of 2025 Einstean ... Petitioner Vs.

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

2. The Deputy Superintendent Of Police, Puliyankudi Sub Division, Puliyankudi, Tenkasi District.

3. The Inspector of Police, Sivagiri Police Station, Tenkasi District.

4. Chelladurai

5. Rathakrishnan

6. Muthusamy ... Respondents PRAYER : Petition filed under Section 528 of BNSS 2023, to direct the 2nd and 3rd respondents not to interfere the petitioner in the guise of enquiry by 1/6

interfering with the subject matter purely Civil in nature and decided in O.S No. 132/2021 pending on the file of the District Munsif Court, Sivagiri, Tenkasi District and not to harass the petitioner and his family members. For Petitioner :

Mr.B.Arun For Respondents :

Mr.M.Sakthi Kumar (R1 to R3) Government Advocate

ORDER

This criminal original petition has been filed seeking for a direction to the 2nd and 3rd respondents not to interfere with the civil dispute till the disposal of the case in O.S No.132/2021 pending on the file of the District Munsif Court, Sivagiri, Tenkasi District and also not to harass the petitioner and his family members.

2. According to the petitioner, there is a civil dispute pending between the petitioner and the private respondents in respect of the agricultural land and a case in O.S No.132 of 2021 is also pending on the file of the Principal District 2/6

Munsif Court, Sivagiri, Tenkasi District, seeking for the relief of declaration in respect of the documents registered in Doc.No.2298/2018 and 2299/2018 registered by Kovilpatti Sub Registrar as null and void. Originally, the said documents were created and a complaint was lodged before the registration authority. The documents were already cancelled by the Assistant Inspector General of Registration, through order dated 27.12.2021. Consequent to which, the petitioner is in possession and enjoyment of the properties. However, when the petitioner removed the thorns from the pond in the subject property, the private respondents herein threatened the petitioner by trespassing into the property, Therefore, the petitioner lodged a complaint on 03.02.2025. But no action was taken and hence, this criminal original petition has been filed.

3. The learned Government Advocate appearing for the respondent police would submit that there is a property dispute pending between the petitioner and the private respondents. After receipt of the complaint from the petitioner, the respondent police advised the parties to approach the civil Court and the same was closed on 03.02.2025. He would further submit that the respondents have 3/6

not interfered with the civil dispute and only based on the complaint given by the petitioner, they conducted enquiry, which was also closed. Therefore, this petition is liable to be dismissed.

4. Considering the nature of the prayer sought for in this criminal original petition, notice to the private respondents is dispensed with. Heard the learned counsel on either side and perused the records placed before this Court.

5. According to the petitioner, the third respondent police interfered with the civil dispute, but the 3rd respondent denied the same and stated that a complaint was lodged by the private respondents and hence, the respondent police called the petitioner for enquiry and the complaint was also closed as civil dispute. Recording the above said submission made by the learned Government Advocate appearing for the respondent police, this criminal original petition is closed.

18.02.2025 Index :

Yes / No sm 4/6

TO:-

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

2. The Deputy Superintendent Of Police, Puliyankudi Sub Division, Puliyankudi, Tenkasi District.

3. The Inspector of Police, Sivagiri Police Station, Tenkasi District.

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

5/6

P.DHANABAL, J.

sm Order made in Crl.O.P.(MD)No.2945 of 2025 Dated:

18.02.2025 6/6