Madras High CourtCRL OP(MD)/4764/2023disposed of

K.R.Jeyakumar v. The Superintendent Of Police

2023-03-14Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN K.R.Jeyakumar

...Petitioner

Vs.

1.The Superintendent of Police, Theni District.

2.State, represented by The Inspector of Police, (Land Grabbing Special Cell) District Crime Branch, Theni, Theni District.

3.K.R.Michelmaxidayana ...Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent herein not to interfere the civil dispute in between the petitioner and 3rd Respondent herein.

For Petitioner : Mr.Ramasamy.S For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the 2nd respondent herein not to interfere in the civil dispute in between the petitioner and 3rd Respondent herein.

2. The learned counsel for the petitioner would submit that the petitoner and third respondent are brother and sister. Originally the property belongs to their mother and partitioned among them. In that process, third respondent executed a release deed in favour of this petitioner with regard to her share. Later, she filed a suit in O.S.No.311 of 2019 for cancellation of release deed dated 10.07.2019 that was also came to be dismissed for default. Later she gave a complaint before the second respondent herein, claiming some share.

3. The learned Additional Public Prosecutor would submit that the complaint given by the third respondent with regard to the issue between the brother and sister arose out of sharing from their mother's property, is kept pending.

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4. Since it is the civil issue between the brother and sister and the suit is also dismissed against the third respondent herein, the second respondent is directed to close the enquiry, directing the third respondent herein to approach the competent civil Court for settling her grievances.

5. Hence, this Criminal Original Petition is disposed of. 14.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu To 1.The Superintendent of Police, Theni District.

2.The Inspector of Police, (Land Grabbing Special Cell) District Crime Branch, Theni, Theni District.

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

G.ILANGOVAN ,J.

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Indu Order made in Dated: 14.03.2023 4/4