Gajendran v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.OP(MD)No.9864 of 2017 Gajendran ... Petitioner Vs.

1. The Superintendent of Police, Dindigul District.

2. The Inspector of Police, Palani Town Police Station, Dindigul District.

3. Mani @ Arumugam ... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent not to interfere in the existing civil dispute between the petitioner and the third respondent.

For Petitioner : Mr.D.Venkatesh For R-1 & R-2 : Mr.C.Ramesh, Additional Public Prosecutor.

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O R D E R

This Criminal Original petition is filed seeking a direction to the second respondent not to interfere in the existing civil dispute between the petitioner and the third respondent.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

3. The learned counsel for the petitioner submitted that based on the false complaint given against the petitioner by the third respondent, the petitioner is put to harassment. It is admitted that a case has been registered against the petitioner in Crime No.216 of 2017, dated 22.05.2017, for the offence under Sections 294(b), 323 and 506(ii) of I.P.C.

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4. However, the contention of the petitioner in this petition is that the dispute is purely civil in nature and that the third respondent with the help of the second respondent is compelling the petitioner to vacate the house. It is stated that there is a threat to the petitioner to vacate the house in which he is residing.

5. This Court, at this stage is not in a position to ascertain the facts and it is also not appropriate to do so. However, having regard to the fact that the dispute between the petitioner and the third respondent is purely civil in nature, either of them can approach the civil Court for appropriate relief. This petition need not be entertained. However, the second respondent is directed not to harass the petitioner. Even if the presence of the petitioner is required for any enquiry, the same shall be done only after issuing summons prescribing date and time and in the manner known to law.

6. Accordingly, the Criminal Original petition is closed. Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Dindigul District.

2. The Inspector of Police, Palani Town Police Station, Dindigul District.

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

+1cc to Mr.D.Venkatesh, Advocate Sr.No.68592 PMU VB/KK/SAR3/16/08/2017/2P/5C CRL.OP(MD)No.9864 of 2017 28.07.2017 https://hcservices.ecourts.gov.in/hcservices/