Madras High CourtCRL OP(MD)/4301/2022dismissed

M.Kasthuriammal v. The Superintendent Of Police

2022-03-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.4301 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.4301 of 2022 M.Kasthuriammal

...Petitioner

Vs.

1. The Superintendent of Police, Office of the Superintendent of Police Sivagangai District

2. The Inspector of Police Thiruppuvanam Police Station Thiruppuvanam, Sivagangai District

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to set aside the order dated 25.01.2022 made in Cr.M.P.No.34 of 2022 passed by the learned District Munsif cum Judicial Magistrate of Thiruppuvanam by allowing this Criminal Direction petition and consequently register the complaint dated 31.07.2021. For Petitioner : Mr.N.Kalimuthu For Respondents : Mr.R.M.Anbunithi No.1 and 2 Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to set aside the order dated 25.01.2022 made in Cr.M.P.No.34 of 2022 passed by the learned District Munsif cum Judicial Magistrate of Thiruppuvanam by allowing this Criminal direction petition and consequently register the complaint dated 31.07.2021.

2.The petitioner has lodged complaint before the second respondent and the second respondent did not take any action and as such the petitioner has filed complaint seeking direction under Section 156(3) of Cr.P.C.

3. Persual of the complaint reveals that the allegations are civil in nature. The petitioner has obtained a decree in O.S. No.147 of 2019, against which an appeal suit is pending in A.S. No.14 of 2021 on the file of the Sub Court, Manamadurai. Therefore the Court below has rightly rejected the complaint filed by the petitioner under Section 156(3) of Cr.P.C, hence there is no illegality or infirmity in the order passed by the Court below. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.4301 of 2022 4.In view of the same, this Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The District Munsif cum Judicial Magistrate Thiruppuvanam

2. The Superintendent of Police, Office of the Superintendent of Police Sivagangai District

3. The Inspector of Police Thiruppuvanam Police Station Thiruppuvanam, Sivagangai District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD) No.4301 of 2022 07.03.2022 sar(CO) GC(21.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2