Madras High CourtWP(MD)/9367/2021dismissed

Kar Noorul Ameen v. The Director General Of Police

2021-12-15Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.9367 of 2021 and WMP(MD)Nos.7079 of 2021 Kar Noorul Ameen ... Petitioner vs.

1.The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Road, Chennai.

2.The Commissioner of Police, Trichy City, Trichy.

3.The Assistant Commissioner of Police, City Crime Branch, Trichy District.

4.The Inspector of Police, City Crime Branch Police Station, Trichy.

5.Jeyabalan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 and 2 to instruct the respondents 3 and 4 not to intervene in the civil dispute between the petitioner and the 5th respondent in OS.No.254 of 2021 on the file of the District Munsif Court, Trichirappalli. For Petitioner : Mr.R.Alagumani For Respondents : Mr.E.Antony Sahaya Prabhakar Additional Public Prosecutor for R1 to R4 Mr.Sricharan Rangarajan for P.Mahendran for R5

ORDER

Heard the learned counsel on either side.

2.The petitioner alleges that there was separate transaction between himself on the one hand and the fifth respondent on the other. He has filed O.S No.254 of 2021 before the District Munsif Court, Trichirappalli. The respondent police are interfering in the civil dispute notwithstanding the pendency of the civil dispute. The learned counsel for the fifth respondent would state that the fifth respondent had passed on a sum of Rs.1.50 crores to the https://hcservices.ecourts.gov.in/hcservices/ 1/2

petitioner and that the petitioner and few others had cheated him. 3.However, I am not in a position to go into the factual controversies. Suffice it to say that based on the complaint of the fifth respondent, the fourth respondent has already registered Crime No.8 of 2021 registered on the file of the City Crime Branch, Trichirappalli. The petitioner is figuring as A2 in the said case. Apart from the petitioner, there are three accused. When the petitioner has been implicated as an accused, the petitioner has to workout his rights elsewhere. No relief can be granted in this writ petition. Leaving open the rights of the petitioner, this writ petition is dismissed. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Road, Chennai.

2.The Commissioner of Police, Trichy City, Trichy. 3.The Assistant Commissioner of Police, City Crime Branch, Trichy District.

4.The Inspector of Police, City Crime Branch Police Station,Trichy.

+1 CC to M/s.P.MAHENDRAN, Advocate ( SR-39074[F] dated 16/12/2021 ) WP(MD)No.9367 of 2021 and WMP(MD)Nos.7079 of 2021 15.12.2021 SE(CO) KB(04.01.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2