Madras High CourtCRL OP(MD)/9932/2021dismissed as infructuous

Manivasagam v. The Superintendent Of Police

2021-10-08Honourable Mr Justice G.Ilangovan2 pages

Crl.OP(MD)No.9932 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.10.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.9932 of 2021 1.Manivasagam 2.Senthilkumar ... Petitioners vs.

1.The Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Keeramangalam Police Station, Pudukottai District.

3.K.Sivajothi 4.Selvaraj ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing the respondents 1 & 2 not to interfere in the petitioners possession and enjoyment of the property in S.F.No.120/11B1, Kothamangalam Village, Alangudi Taluk, Pudukkottai District.

For Petitioners : Mr.Balasundharam For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.side)

O R D E R

This petition is filed seeking direction to direct the respondents 1 & 2 not to interfere in the petitioners possession and enjoyment of the property in S.F.No.120/11B1, Kothamangalam Village, Alangudi Taluk, Pudukkottai District. 2.When the matter was taken up for hearing on 26.07.2021, the learned Additional Public Prosecutor has submitted that based upon the complaint given by the private respondents, enquiry was undertaken in CSR.No.36 of 2021 and during the course of enquiry, it was found that it is purely a civil dispute between the parties and in respect of which, a suit is also pending. On that ground, it was closed on 01.03.2021. For the purpose of circulating a copy of the Closure Report, the matter was listed today. 3.When the matter is taken up for hearing today, a copy of the Closure Report has also been circulated. It shows that, the complaint has been given by the third respondent herein and a civil suit is pending before the Civil Court. During the course of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP(MD)No.9932 of 2021 enquiry, both the parties gave an undertaking to the effect that they will work out their remedy through civil process. Based upon that, the complaint given by the petitioner, came to be closed. 4.Since based upon the undertaking given by both the parties, the complaint has been closed, nothing survives for further consideration and direction in this petition. 5.But, however, the learned counsel for the petitioner would submit that the second respondent may not interfere into the civil dispute.

6.Since the matter has also been closed, no more interference by the second respondent is possible. So, the matter has become infructuous.

7.In view of the above, this Criminal Original Petition is dismissed as infructuous.

Sd/- Assistant Registrar (P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) dss 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 Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Keeramangalam Police Station, Pudukottai District.

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

Crl.OP(MD)No.9932 of 2021 08.10.2021 MMS(CO) RS/JGB (08.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2