Madras High CourtCRL OP(MD)/9672/2023disposed of

Subburam 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.9672 of 2023 Subburam

...Petitioner

Vs.

1. The Superintendent of Police, Dindigul District.

2.The Inspector of Police, South Police Station, Dindigul 3.Fargath Nisha .... Respondents PRAYER: This Criminal original Petition is filed under Section 482 Cr.P.C., to direct the second respondent not to interfere into the existing civil dispute between the petitioner and the 3rd respondent. For Petitioner : Mr.D. Venkatesh 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 second respondent not to interfere into the existing civil dispute between the petitioner and the 3rd respondent.

2. The learned Additional Public Prosecutor appearing for the respondents police would submit that based on the complaint given by the third respondent herein enquiry was undertaken and during the course of enquiry, finding that that it is a money transaction between the parties,, he would further submit, at the time of enquiry, some sort of understanding was reached between the parties and hence, the said complaint was closed.

3. The learned counsel appearing for the petitioner submitted that this petitioner borrowed money from one Chandra, who is the mother of one Balaji. Later, he repaid the entire amount, Chandra died and the LRs also vacated the village. Taking advantage of the above said non availability of LRs of said Chandra a false compliant has been given by the third respondent as if the petitioner borrowed money 2/4

from her. Even though the undertaking given by the petitioner, he has stated that the same was obtained in force.

4. Since the petitioner has given an undertaking nothing survives for consideration in this petition. Let the parties work out the remedy through appropriate civil proceedings in the manner known to law.

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

06.06.2023 Index :

Yes / No Internet :

Yes / No trp To

1. Inspector of Police, Nilakottaii Police Station, Dindigul District.

2.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.9672 of 2023 Dated :06.06.2023 4/4