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Madras High CourtCRL OP(MD)/4350/2023dismissed as infructuous

James v. The Assistant Commissioner Of Police

2023-03-07Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN James ... Petitioner Vs.

1. The Assistant Commissioner of Police Thillainagar Police Station region, Trichy City.

2. The Inspector of Police, Government Hospital Police Station, Trichy City.

3. Govindaraj

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent and the 2nd respondent not to interfere with the civil disputes on the guise of enquiry. For Petitioner : Mr.Jameel Arasu.B For Respondents : Mr.Suresh Kumar.R Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the 1st respondent and the 2nd respondent not to interfere with the civil disputes on the guise of enquiry. 1/4

2. The learned counsel for the petitioner would submit that the third respondent has filed a Writ Petition in connection with the survey of the property in dispute and obtained an order. Aggrieved over the said order, the petitioner has filed a Writ Appeal in W.A(MD) No.237 and 247 of 2021 and by the order dated 25.02.2021, this Court has set aside the order passed by the learned Single Judge in the Writ Petition and allowed the Writ Appeal. Subsequently, another complaint has been given by the third respondent.

3. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that on the basis of the complaint given by the third respondent herein, enquiry was undertaken. During the course of enquiry, it was found that there is civil dispute between the parties. On the above said ground, the enquiry was closed on 16.02.2023.

4. Considering the submission made by the learned Government Advocate (Criminal Side), the Criminal Original Petition is dismissed as infructuous.

07.03.2023 NCC:Yes/No Index : Yes/No Internet:Yes/No Indu 2/4

To

1. The Assistant Commissioner of Police Thillainagar Police Station region, Trichy City.

2. The Inspector of Police, Government Hospital Police Station, Trichy City.

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

3/4

G.ILANGOVAN, J., Indu Crl.O.P.(MD)No. 4350 of 2023 07.03.2023 4/4