Madras High CourtCRL OP(MD)/9294/2021disposed of

M.Jamal Mydeen v. Commissioner Of Police

2021-08-03Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.9294 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.9294 of 2021 M.Jamal Mydeen ... Petitioner Vs.

1.State Represented by Commissioner of Police, Madurai.

2.State represented by The Inspector of Police, B-5, South Gate Police Station, Madurai City.

3.J.K.Ganesh

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing the respondents 1 & 2 not to harass the petitioner and their family members in the guise of enquiry especially in civil dispute.

For Petitioner : Mr.K.Gokul For R1 & R2 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

This petition is filed to direct the respondents 1 & 2 not to harass the petitioner and their family members in the guise of enquiry especially in civil dispute.

2. The learned counsel for the petitioner would submit that he is a tenant in respect of shop in D.No.56, Manjapparai Street, Madurai under the third respondent. Because of the tenancy dispute, RCOP Nos.91 of 2018 and 233 of 2016 are pending between the parties. 3.Perusal of records shows that the petitioner is a sub tenant in the disputed tenancy agreement. The third respondent has given a complaint to the effect that the original tenant is one Ragu and at the time of vacating the premises, he has handed over the key to this petitioner and thereafter the petitioner is in occupation. 4.Since the issue involved in this petition is the dispute between the landlord and Srb tenant, the second respondent herein has no role to deal with. There shall be a direction to the second respondent herein to close the enquiry and the parties are directed https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9294 of 2021 to approach the concerned Court, where the cases are pending to settle the dispute. The learned Additional Public Prosecutor also gave consent to advise the second respondent suitably. 5.In view of the above, nothing survives for further consideration or direction in this petition. Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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, Madurai.

2.The Inspector of Police, B-5, South Gate Police Station, Madurai City.

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

Crl.O.P.(MD)No.9294 of 2021 03.08.2021 RD(10.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2