Madras High CourtCRL OP(MD)/9671/2023disposed of

Selvaraj v. The Superintendent Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.9671 of 2023 Selvaraj

...Petitioner

Vs.

1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Ayakudi Police Station, Palani Taluk, Dindigul District.

3.Marimuthu .... Respondents PRAYER: This Criminal original Petition is filed under Section 482 Cr.P.C., to direct the 2nd respondent not to harass the petitioner under the guise of enquiry based on the foisted complaint of the 3rd respondent. For Petitioner : Mr.N.Adithyavijayalayan For Respondents 1 and 2 : Mr.B. Nambiselvan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed for issuing a direction to the 2nd respondent not to harass the petitioner under the guise of enquiry, based on the complaint given by the 3rd respondent.

2. The learned counsel for the petitioner submitted that in respect of boundary issue suit was filed by the third respondent which was decreed against this petitioner. Against which, the petitioner has filed an appeal and the same is pending before this Court. Pending Second Appeal, in respect of the very same property, the third respondent has given a complaint before the second respondent to hand over the property to him.

3. The learned Additional Public Prosecutor appearing for the respondents police would submit that because of the pathway dispute between this petitioner and the third respondent, complaint was given by the third respondent stating that he is the owner of the property, which was enquired in CSR.No.288 of 2023. During the course of enquiry, the third respondent has given an undertaking that he will not disturb the 2/4

petitioner in any way and hence, the said complaint was closed.

5. In view of the said submission, nothing survives for adjudication in this Criminal Original Petition.

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

06.06.2023 Index :

Yes / No Internet :

Yes / No trp To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Ayakudi Police Station, Palani Taluk, Dindigul District.

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

3/4

G.ILANGOVAN,J trp Order made in Crl.O.P.(MD)No.9671 of 2023 Dated :06.06.2023 4/4