R.Bhavadharani v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR R.Bhavadharani ... Petitioner Vs.

1.The Commissioner of Police, Madurai.

2.The Inspector of Police, Thirunagar Police Station, Madurai.

3.Satheesh Kumar ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the second respondent not to harass for unduly and unlawfully evict the petitioner. For Petitioner : Mr.F.X.Eugene For R1 & R2 : Mr.SS.Madhavan Government Advocate (Crl. Side) For R3 : Mr.P.Chandrasekar 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the second respondent not to harass for unduly and unlawfully evict the petitioner.

2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that the petitioner is the wife of the third respondent and that the third respondent and others have been interfering with the petitioner's peaceful possession and enjoyment of the property.

3. Mr.K.N.Guru, learned counsel entered into the appearance for one Krishnadoss and he would submit that the said Krishnadoss had purchased the property in dispute from the third respondent and subsequent to the sale, the petitioner has trespassed into the said property and is in possession of the property.

4. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that on the basis of the 2/4

complaint given by the said Krishnadoss, FIR came to be registered in Crime No.149 of 2023 for the offences under Sections 427, 448 and 506(1) IPC against the petitioner and one Valarmathi. He would further submit that HMOP is pending between the petitioner and the third respondent and as of now, no civil suit is pending between the parties with regard to the property in dispute.

5. Since FIR has already been registered, the parties are directed to work out their remedies in accordance with law. Accordingly, this Criminal Original Petition stands disposed of. 27.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm To 1.The Commissioner of Police, Madurai.

2.The Inspector of Police, Thirunagar Police Station, Madurai.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 27.02.2023 4/4