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Madras High CourtCRL OP(MD)/6901/2023dismissed as infructuous

Innasiyammal v. The Superintendent Of Police

2023-04-17Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN Crl.O.P.(MD)No.6901 of 2023 Innasiyammal ... Petitioner Vs.

1.The State represented through the Superintendent of Police, Dindigul, Dindigul District.

2.The Deputy Superintendent of Police, Dindigul Rural, Dindigul District.

3.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

4.Balasubramani Sub Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

5.Fathima Mary 6.Mrs.Mary ... Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent police Nos.3 and 4 not to interfere the civil dispute in the guise of enquiry, which is already pending between the petitioner and the fifth respondent in O.S.No.617 of 2022 on the file of the learned Sub Court, Dindigul.

For Petitioner : Mr.R.Karunanidhi For R1 & R2 : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent police Nos.3 and 4 not to interfere the civil dispute in the guise of enquiry, which is already pending between the petitioner and the fifth respondent in O.S.No.617 of 2022 on the file of the learned Sub Court, Dindigul. 2.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that based on the complaint given by the petitioner herein, enquiry was undertaken in C.S.R.Nos.362 and 405 of 2023. In respect of C.S.R.No.405 of 2023, both the parties did not appear before the enquiry officer, on that ground, the complaint was closed. In respect of C.S.R.No.362 of 2023, during the course of enquiry, it was found that with regard to the civil dispute between the

parties, suit in O.S.No.617 of 2022 is pending on the file of the SubCourt, Dindigul. Both the parties appeared before the enquiry officer and they agreed that they will work out their remedy in the pending suit. On that undertaking, the complaint was closed.

3. In view of the above submission, nothing survives for further consideration in this matter. Hence, this Criminal Original Petition is dismissed as infructuous and liberty is granted to the petitioner to workout his remedy in the pending suit.

17.04.2023 Index :Yes/No Internet:Yes/No tta

To 1.The State represented through the Superintendent of Police, Dindigul, Dindigul District.

2.The Deputy Superintendent of Police, Dindigul Rural, Dindigul District.

3.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

4.Balasubramani Sub Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

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

G. ILANGOVAN, J.

tta Crl.O.P.(MD)No.6901 of 2023 17.04.2023