Madras High CourtCRL OP(MD)/11363/2017dismissed

A.C.Ibrahim v. The Superintendent Of Police

2018-07-23Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.OP.(MD) No.11363 of 2017 A.C.Ibrahim ... Petitioner Vs.

1. The Superintendent of Police, O/o. The Superintendent of Police, Dindigul, Dindigul District.

2. The Inspector of Police, Palani Taluk Police Station, Dindigul District.

3.M.Mohammed Ismail ... Respondents PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the 2nd respondent not to harass the petitioner and his family members and consequently direct the 2nd respondent not to interfere with the civil disputes, in the guise of enquiry, except by due process of law.

For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) for R.1 & R.2 Mr.S.C.Herold Singh for R.3

ORDER

The Criminal Original Petition is filed to direct the second respondent not to harass the petitioner and his family members under the guise of enquiry.

2. Heard the learned Counsel appearing for the respective parties.

3. The learned Government Advocate (Crl. Side) appearing for the official respondents would submit that based on the complaint given by the de-facto complainant / the third respondent, enquiry was conducted and the same was closed, as the dispute is purely civil in nature. He would further submit that the parties had also https://hcservices.ecourts.gov.in/hcservices/

agreed to settle their dispute by approaching the concerned civil Court and therefore, the present criminal original petition is not at all warranted, since, as on date, there is no complaint pending against the petitioner.

4. Recording the said submission made by the learned Government Advocate (Crl. Side), this Criminal Original Petition is dismissed. Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Superintendent of Police, O/o. The Superintendent of Police, Dindigul, Dindigul District.

2. The Inspector of Police, Palani Taluk Police Station, Dindigul District.

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

+ 1 CC TO Mr.D.SHANMUGA RAJA SETHUPATHI, ADVOCATE IN SR No. 74591 + 1 CC TO Mr.S.C.HEROLD SINGH, ADVOCATE IN SR No. 74540 GK TE/RP/SAR-3 : 09/08/2018 : 2P/6C CRL.OP.(MD) No.11363 of 2017 23.07.2018 https://hcservices.ecourts.gov.in/hcservices/