S.Kosalai v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.3461 of 2024 K.Kosalai

...Petitioner

vs 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Kadambur Police Station, Thoothukudi District.

3.S.Palanisamy 4.Amarnath

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the second Respondent not to interfering the civil dispute between the Petitioner and the Respondents 3 and 4. For Petitioner : Mr.N.Marimuthu For R1 and R2 : Mr.M.Veeranthiran Government Advocate (crl.side) **** 1/6

O R D E R

The Criminal Original Petition had been filed seeking a direction against the second Respondent not to interfere with the civil dispute between the Petitioner and the Respondents 3 and 4. 2.The learned Counsel for the Petitioner submitted that the Petitioner is a senior citizen. The second Respondent had entered the agricultural field of the Petitioner and evicted him by force. Hence, the Petitioner has given a complaint to the Superintendent of Police, Thoothukudi. It is the contention of the learned Counsel for the Petitioner that there had been a civil suit between the Petitioner and the third and fourth Respondents before the learned District Munsif, Kovilpatti in O.S.No.92 of 2023. 3.The learned Government Advocate (crl.side), on instructions from the Respondent Police, submitted that two CSR had been registered based on the complaint of the third and fourth Respondents and on the compliant of the Petitioner. Subsequently, both CSR had been closed by the Respondent Police.

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4.Considering the submission of the learned Counsel for the Petitioner and the learned Government Advocate (crl.side), the second Respondent is directed not to involve himself in civil dispute particularly, when the civil dispute is pending before the learned District Munsif, Kovilpatti. The conduct of the second Respondent is objectionable in the light of the specific circular issued by theDirector General of Police, Tamil Nadu/Head of State Police Force, Chennai-4, in C.No. 18/ADGP/L&O/Camp/2024, directing the Field Officers across the State not to involve themselves in civil dispute, particularly, property dispute and money dispute. Therefore, the second Respondent is warned. With the above directions, this Criminal Original Petition is disposed.

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To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Kadambur Police Station, Thoothukudi District.

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SATHI KUMAR SUKUMARA KURUP , J.

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