Madras High CourtCRL OP(MD)/8996/2017disposed of

C.R.Senthilkumar v. The Deputy Superintendent Of

2017-07-14Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.8996 of 2017 C.R.Senthil Kumar : Petitioner -Vs1. The Deputy Superintendent of Police, Vedasandhur Sub Division, Dindigul District.

2. The Inspector of Police, Vedasandhur Police Station, Dindigul District.

3.R.Rengasamy : Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code, to direct the respondents No.1 & 2 and their officials not to harass the petitioner and his family members unnecessarily against law under the guise of enquiry. For Petitioner : Mr.S.Karthik For Respondents 1 &2 : Mr.K.Anbarasan Government Advocate(Crl.Side)

O R D E R

This Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to direct the respondents No.1 & 2 and their officials not to harass the petitioner and his family members unnecessarily against law under the guise of enquiry.

2. Heard Mr.S.Karthik, learned counsel appearing for the petitioner and Mr.K.Anbarasan learned Government Advocate appearing for the 1st and 2nd respondents and perused the records.

3. It appears that there is a dispute between the petitioner and the third respondent in respect of a land in Survey No.137/5, 139/1 and 136/6 to an extent of 1.5 Acres situated at Sullerumbu Village, Dindigul Taluk, Dindigul District, and already a suit is pending in O.S.No.291 of 2010, on the file of the learned District Munsif Court, Dindigul. On the complaint given by the petitioner against the third respondent, the second respondent police has https://hcservices.ecourts.gov.in/hcservices/

registered a case in Crime No.440 of 2016, for the offence under Sections 147, 294(b), 323, 506 (ii) of I.P.C. It is further submitted by the learned counsel for the petitioner that the enquiry, pursuant to his complaint was completed and the case was closed. But, once again the second respondent has reopened the case and harassing the petitioner to settle the dispute.

4. Per contra, the statement of the learned counsel for the petitioner is strongly denied by the learned Government Advocate (Crl.Side) and on instructions, he submitted that the petition enquiry is pending.

5. Since, the dispute appears to be purely civil in nature, it is for the parties to approach the Civil Court. Accordingly, this Criminal Original Petition is closed with a direction to the respondent police not to harass any one under the guise of enquiry and the parties can be called for any enquiry only after issuing summons prescribing the date and time and in the manner known to law.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To

1. The Deputy Superintendent of Police, Vedasandhur, Sub Division, Dindigul District.

2. The Inspector of Police, Vedasandhur Police Station, Dindigul District.

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

+ 1 CC TO Mr.S.KARTHIK, ADVOCATE IN SR No. 65364 DAS/PJL TE/JC/SAR-I : 25/07/2017 : 2P/5C CRL.O.P.(MD)No.8996 of 2017 14.07.2017 https://hcservices.ecourts.gov.in/hcservices/