Madras High CourtCRL OP(MD)/9950/2023disposed of

Abbas Ali v. The Superintendent Of Police

2023-06-08Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.9950 of 2023 1.Abbas Ali 2.Ansar Ali Balg 3.Hussain Ali Balg

...Petitioners

Vs.

1.The State of Tamil Rep. by the Superintendent of Police, Theni District, Theni.

2. The Inspector of Police, Periyakulam Vadakarai Police Station, Periyakulam, Theni District.

3.Janab A. Abbas .... Respondents PRAYER: This Criminal original Petition is filed under Section 482 Cr.P.C., for issuing a direction to the 2nd respondent not to harass the petitioners on the alleged complaint given by the defacto complainant viz., the third respondent, before the 2nd respondent. 1/4

For Petitioner : Mr.P.M. Vishnuvarthanan For Respondents 1 and 2 : Mr.B. Nambiselvan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed for issuing direction to the 2nd respondent not to harass the petitioners on the complaint given by the defacto complainant viz., the third respondent, before the 2nd respondent.

2, The learned Additional Public Prosecutor appearing for the respondents police would submit that on the basis of the complaint given by the third respondent against this petitioner an enquiry was undertaken and during the course of enquiry, finding that a civil suit is pending between the parties and hence, they were advised to work out their remedy in the pending suit itself and accordingly, the said complaint was closed.

3. The grievance of the petitioner is that by way of the said closure, the 2nd respondent has prevented the petitioners from entering into the property.

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4. As no direction is obtained either by these petitioners or by the third respondent and in the enquiry report they have given an undertaking. Without any basis this sort of allegation is made against the 2nd respondent. Since the suit is pending between the parties, the petitioner shall work out the remedy in the point of civil proceedings.

5. With the above observation, this Criminal Original Petition is disposed of.

08.06.2023 Index :

Yes / No Internet :

Yes / No trp To 1.he Superintendent of Police, Theni District, Theni.

2. The Inspector of Police, Periyakulam Vadakarai Police Station, Periyakulam, Theni District.

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

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G.ILANGOVAN,J trp Order made in Crl.O.P.(MD)No.9950 of 2023 Dated :08.06.2023 4/4