Madras High CourtCRL OP(MD)/4878/2023disposed of

Durairaj v. The Superintendent Of Police

2023-03-16Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Durairaj ... Petitioner vs.

1.The Superintendent of Police Ramanathapuram District 2.The Inspector of Police Paramakudi Police Station Paramakudi District 3.Balkarasu ... Respondents PRAYER: Criminal original petition filed, under Section 482 Cr.P.C., to direct the second respondent not to interfere in the civil dispute. For Petitioner :

Mr.S.Prabhu For R1 and R2 : Mr.B.Nambiselvan Additional Public Prosecutor

O R D E R

This Criminal original petition has been filed to direct the second respondent not to interfere in the civil dispute.

2. The learned Additional Public Prosecutor would submit that on the basis of the complaint that was given by this petitioner, the counter party appeared who is the wife of the third respondent herein and gave a counter complaint stating that in respect of the above said pending civil issue between them, the Second Appeal No.590 of 2021 is also pending before this Court. Pending the above said civil process, the case in Crime No.426 of 2020 was registered for the offences punishable under sections 147, 148 and 302 of IPC before Paramakudi Town Police Station, which is also pending. But however, the trouble has been made by this petitioner by making the above said complaint.

3. The wife of the third respondent appeared before the respondents Police and gave statement that they will workout their remedy through the pending civil process and as well as the criminal proceedings. Based upon the above said statement, the further process is kept pending.

4. Since already the civil suit and the criminal proceedings are pending between the parties, question of harassment may not arise in the above said circumstances. The parties are at liberty to workout their remedy through the pending civil process and criminal proceedings.

5. With the above said liberty, this Criminal Original Petition is disposed of.

16.03.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No indu To:

1.The Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Paramakudi Police Station, Paramakudi District.

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

G.ILANGOVAN , J.

indu 16.03.2023