Madras High CourtCRL OP(MD)/8867/2021disposed of

G.Kottursamy v. The Superintendent Of Police

2021-07-07Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8867 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8867 of 2021 G.Kottursamy ... Petitioner Vs.

1. The Superintendent of Police, District Police Office, Korampallam, Thoothukudi - 628 101.

2. The Inspector of Police, District Crime Branch, Thoothukudi - 628 101.

3. Muthulakshmi ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 and 2 not to interfere with the Civil dispute between the petitioner and the 3rd respondent herein pertaining to the registration of documents.

For Petitioner : Mr.S.Ramsundarvijayraj For R1 and R2 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

This petition is filed seeking a direction to the respondents 1 and 2 not to interfere with the Civil dispute between the petitioner and the 3rd respondent herein.

2. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor submits that based upon the complaint given by the 3rd respondent, enquiry was undertaken in P4/09599/739/2021, dated 10.03.2021 and during the course of enquiry, it was found that it is purely a civil dispute based on the alleged power of attorney, through which, a sale has been effected and subsequently, the complaint was closed.

3. A reading of the closure report shows that the earlier complaint was registered in Cr.No.40 of 2019, for the offence punishable under Sections 120(b), 420, 465, 466, 468 IPC r/w. 34 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8867 of 2021 IPC and subsequently, it was closed as mistake of fact and again, the present complaint has been filed and the same was closed by concluding the enquiry.

4. Since the complaint was closed, nothing survives for consideration or for direction. Hence, the Criminal Original Petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy 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.

1. The Superintendent of Police, District Police Office, Korampallam, Thoothukudi - 628 101.

2. The Inspector of Police, District Crime Branch, Thoothukudi - 628 101.

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

+1 CC to M/s.S.RAMASUNDAR VIJAY RAJ, Advocate ( SR-21446[F] dated 07/07/2021 ) Crl.O.P.(MD)No.8867 of 2021 07.07.2021 CN(14.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2