Thangapandian v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P.(MD)No.2984 of 2025 Thangapandian ... Petitioner Vs.

1. The State of Tamil Nadu, Rep by the Superintendent of Police, Trichy District.

2. The Inspector of Police, Thuvarankuruchi Police Station, Trichy District.

3. Raj Kumar ... Respondents PRAYER : Petition filed under Section 528 of BNSS 2023, to direct the 2nd respondent not to interfere in the civil dispute between the petitioners and the 3rd respondent.

For Petitioner :

Mr.V.G.Vallarasu Chezhiyan For Respondents :

Mr.M.Sakthi Kumar (R1 & R2) Government Advocate 1/6

ORDER

This criminal original petition has been filed seeking for a direction to the 2nd respondent not to interfere with the civil dispute between the petitioner and the 3rd respondent.

2. Considering the nature of the order going to be passed in this criminal original petition, notice to the private respondent is dispensed with.

3. According to the petitioner, he is the owner of the property in S.No. 308/1B12, 308/19B situated at Prampatti South Village, Manapparai Taluk, Trichy District, through sale deed dated 29.07.2011 from the third respondent. While so, the third respondent, without any right over the property, came to the petitioner's shop and threatened to re-sell the property to him, due to the increase of market value of the property. Therefore, the petitioner filed a suit in O.S.No. 15 of 2025 before the District Munsif Court, Manapparai and the same is also pending. In the meantime, the second respondent is frequently calling the petitioner for enquiry. Therefore, the petitioner sent a representation dated 2/6

12.02.2025 not to interfere with the civil dispute between the petitioner and the third respondent. But the same has not been considered. Hence, this petition came to be filed.

4. The learned Government Advocate appearing for the respondent police would submit that the respondents have not received any complaint from the third respondent and no enquiry is pending on the basis of the complaint given by the third respondent. Per contra, the petitioner has lodged a complaint on 27.01.2025, for which CSR No.40 of 2025 has been assigned. But, now the petitioner has not appeared before the respondent police for enquiry. Without cooperating for the enquiry, now the petitioner filed this petition as if the respondent police are harassing the petitioner based on the complaint given by the third respondent.

5. Heard the learned counsel on either side and perused the records placed before this Court.

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6. Since there is no complaint received from the third respondent as against the petitioner and also considering the fact that no enquiry was conducted based on the complaint lodged by the third respondent and also recording the submission made by the learned Government Advocate appearing for the respondent police, this criminal original petition is disposed of. 18.02.2025 Index :

Yes / No sm 4/6

TO:-

1. The Superintendent of Police, Trichy District.

2. The Inspector of Police, Thuvarankuruchi Police Station, Trichy District.

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

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P.DHANABAL, J.

sm Order made in Crl.O.P.(MD)No.2984 of 2025 Dated:

18.02.2025 6/6