U.Thaga Mydeen v. The Commissioner Of Police

CRL OP(MD)No.8472 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.8472 of 2020 U.Thaga Mydeen ... Petitioner Vs.

1.The Commissioner of Police, O/o.the Commissioner of Police, Madurai City.

2.The Inspector of Police, O/o.the Inspector of Police, South Gate Police Station, Madurai City.

3.Murshida ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue a direction to the 2nd respondent not to interfere in the civil dispute of the petitioner with the 3rd respondent. For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.A.P.G. Ohm. Chairma Prabhu (R1 & R2) Government Advocate

O R D E R

This Criminal Original Petition has been filed seeking a direction, to direct the 2nd respondent not to interfere the civil dispute, under the guise of enquiry in pursuant to the complaint lodged by the 3rd respondent.

2. The learned counsel appearing for the petitioner submitted that the 3rd respondent herein is the sister of the petitioner. As far as ancestral property is concerned, both the petitioner and the 3rd respondent are having the civil dispute. Even after knowing that the dispute between the petitioner and the 3rd respondent is civil in nature, the 2nd respondent herein harassed the petitioner under the guise of enquiry.

3. The learned Government Advocate appearing for the 1st and 2nd respondents police, on instructions, would submit that in earlier, on the complaint given by the 3rd respondent, an enquiry has been initiated in CSR No.153 of 2020. Similarly, based on the complaint given by the petitioner, one another enquiry has been initiated on the file of the 2nd respondent Police in CSR No.152 of 2020. He https://hcservices.ecourts.gov.in/hcservices/

CRL OP(MD)No.8472 of 2020 would further submit that as of now, both the enquiry has been closed after giving proper advice to the petitioner and the 3rd respondent for approaching the competent civil Court, for determining their rights having by them in the disputed properties. The submission made by the learned Government Advocate is recorded.

4. In view of the submission made by the learned Government Advocate, no further order is necessary in this petition. Hence, this Criminal Original Petition is closed.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) MPK 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 Commissioner of Police, O/o.the Commissioner of Police, Madurai City.

2.The Inspector of Police, O/o.the Inspector of Police, South Gate Police Station, Madurai City.

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

Crl.O.P.[MD]No.8472 of 2020 17.08.2020 CS (28.08.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/