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Madras High CourtCRL OP(MD)/5528/2018dismissed

M.Pushpavalli, v. The Superintendent Of Police

2018-04-11Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.5528 of 2018 M.Pushpavalli .. Petitioner Vs.

1.The Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Ponnamaravathy Police Station, Pudukottai District.

.. Respondents Petition is filed under Section 482 of the Criminal Procedure Code to direct the respondents to register the FIR on basis of the complaint of the petitioner dated 27.03.2018. For Petitioner : Mr.R.Sivalingam For Respondents : Mr.M.Chandrasekaran Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking direction to the respondents to register the FIR on basis of the complaint of the petitioner dated 27.03.2018. 2.According to the petitioner, a suit in O.S.No.82 of 2012 is pending before the District Munsif Court, Thirumayam between the petitioner and one Veluchamy Pandaram, in respect of the property in dispute. Pending the above suit, the proposed accused who is a politically influenced person, has unlawfully trespassed into the petitioner's property and damaged the same. Hence, the petitioner has made a complaint before the respondents on 27.03.2018, seeking to register a case. Since no action has been taken, this Criminal Original Petition has been filed.

3.It is an admitted fact that in respect of the property in dispute, a suit is pending before the civil Court. At this stage, the relief sought by the petitioner cannot be granted. Hence, this https://hcservices.ecourts.gov.in/hcservices/

Criminal Original Petition is dismissed. However, it is open to the petitioner to approach the competent civil Court for appropriate relief.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.The District Munsift, Thirumayam 2.The Superintendent of Police, Pudukottai District.

3.The Inspector of Police, Ponnamaravathy Police Station, Pudukottai District.

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

+1cc to M/S.R.Sivalingam, Advocate SR.No. 60634 CRL.O.P.(MD) No.5528 of 2018 11.04.2018 mj JM/SV MMS/SAR 3/23.04.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/