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Madras High CourtCRL OP(MD)/9886/2021dismissed as infructuous

Y.Dhilshath v. The Superintendent Of Police

2021-08-18Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 18.08.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Y.Dhilshath ... Petitioner Vs.

1.The Superintendent of Police, Trichy District, Khajamalai Colony, Trichirappalli-620 020.

2.The Deputy Superintendent of Police, Thiruverumbur Circle, DSP Office, Bypass Road, Thiruverumbur, Trichy District.

3.The Inspector of Police, Thuvakudi Police Station, Thuvukudi, Thiruverumbur Taluk, Trichy District.

4.Meharunnissa 5.Noorul Rabani 6.Noorul Daslim 7.Noorul Subahani ... Respondents Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondents 1 to 3 not to harass the petitioner and her family members by interfering with the petitioner's possession of the said property and by compelling them to hand over the possession of the Saw Mill, to the respondents 4 to 7 herein.

For Petitioner : Mr.K.S.Kathiravan For R1 to R3 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

The petition is filed seeking a direction to direct the first respondent herein to transfer the investigation of the complaint 1/3

given by the petitioner, which is registered in C.S.R.No.359 of 2020, on the file of the third respondent police to the fourth respondent.

2.When the matter taken up for hearing, the learned Additional Public Prosecutor would submit that based upon the complaint, given by the fourth respondent herein, enquiry was undertaken in C.No.170 of 2020 and during the course of enquiry, it was found that it is a civil dispute between the parties, in respect of unregistered sale agreement and regarding this a suit is also pending before the Mahila Court, Trichirappalli, in O.S.No.179 of 2018. So, it came to be closed, on 14.07.2021. 3.But, however, there is an observation to the effect that the possession was handed over to the fourth respondent by the petitioner. But, this was objected by the learned counsel for the petitioner. What ever it may be, now the complaint has been closed and so, the petition become infructuous and there is no question of interference and harassment.

4.With the above said submission, this Criminal Original Petition stands disposed of as infructuous.

Sd/- Assistant Registrar (CS II) // 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, Trichy District, Khajamalai Colony, Trichirappalli-620 020.

2.The Deputy Superintendent of Police, Thiruverumbur Circle, DSP Office, Bypass Road, Thiruverumbur, Trichy District.

2/3

3.The Inspector of Police, Thuvakudi Police Station, Thuvukudi, Thiruverumbur Taluk, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.K.S.KATHIRAVAN, Advocate (SR-26793[F] dated 19/08/2021) 18.08.2021 PS(CO) SB(01.09.2021) 3P 6C 3/3