Rani v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.3804 of 2024 Rani, ... Petitioner Vs

1. The Superintendent of Police, Thanjavur District, Thanjavur.

2. The Inspector of Police, Thiruvonam Police Station, Thanjavur District.

3. Dharmaraj, ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the second Respondent not to interfere with the civil dispute between the petitioner and the third Respondent under the guise of any enquiry.

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For Petitioner : Mr.R.Ponkarthikeyan For R1 & R2 : Mr.M.Veeranthiran Government Advocate (Crl. side)

O R D E R

The learned Counsel appearing for the Petitioner submitted that the Petitioner had purchased the property from one Ramachandran Asari for valid consideration vide sale deed bearing Document No.503 of 2023, dated 23.03.2023, on the file of the Sub Registrar Office, Thiruvonam. The Petitioner had been in enjoyment and peaceful possession of the property. The revenue records were mutated in her name and patta No.1811 was also mutated in her name. While so, the third Respondent, who is an adjacent land owner started a vehicle puncher shop and meat shop in front of the Petitioner's newly purchased property. Subsequently, the third Respondent started to consume liquor with his friends in the shed. They had also trespassed into the land belonging to the Petitioner by throwing liquor bottles and food waste into her property. Then, the third Respondent lodged a false complaint against the Petitioner, based on which, the second Respondent is interfering with a civil dispute. Therefore, the Petitioner 2/5

seeks direction against the second Respondent not to interfere with the civil dispute.

2.The learned Government Advocate (Crl.Side) on instructions submit that the Respondent Police undertake to follow the circular of the Director General of Police, Head of Police Force, Tamil Nadu State, Chennai -4 issued in Rc.No.892914/X1/2020 dated 12.03.2021 and the circular of the Additional Director General of Police, Chennai, issued in C.No.18/ADGP/L & O/Camp/2024 dated 09.01.2024, even though the case had been registered and CSR,No.100 of 2024 was assigned. He would further submit that the dispute between the Petitioner and the third Respondent is with regard to the right of passage. Even though the complaint was received and CSR was registered, the second Respondent undertakes to act as per the circular of the Additional Director General of Police, Chennai, issued in C.No.18/ADGP/L & O/Camp/2024 dated 09.01.2024 and close the CSR.

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3.Recording the said submission, this criminal original petition is closed.

11.03.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No LR To

1. The Superintendent of Police, Thanjavur District, Thanjavur.

2. The Inspector of Police, Thiruvonam Police Station, Thanjavur District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

LR CRL.O.P (MD) No.3804 of 2024 11.03.2024 5/5