Madras High CourtCRL OP(MD)/11446/2021dismissed as infructuous

C.Mayakkal v. The Superintendent Of Police

2021-08-16Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No. 11446 of 2021 C. Mayakkal ... Petitioner Vs.

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

2. The Inspector of Police, Sanarpatti Police Station, Dindigul District.

3. A. Santhosh Ananth

4. A. Sivasanthan

5. Arumugam ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent not to harass this petitioner in the name of enquiry in the alleged complaint given by the respondents 3 to 5.

For Petitioner : Mr.B. Rajesh Saravanan For R1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent, not to harass the petitioner under the guise of enquiry based on a complaint given by the respondents 3 to 5 herein.

2. When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents 1 & 2 would submit that the petitioner is brother of the fifth respondent herein. Because of the family dispute, complaint and counter complaint has been given by both the parties. Both the complaints have been enquired and during the course of enquiry, it was found that land dispute is pending between the parties and both the parties agreed to settle the dispute through proper civil forum. Based on the undertaking given by both the parties, it was closed on 09.08.2021.

3. The learned counsel appearing for the petitioner would submit that in respect of civil dispute already a suit in O.S. No. 456 of 2014 on the file of the Additional District Munsif, Dindigul, is pending between the parties. However, the petitioner the suit https://hcservices.ecourts.gov.in/hcservices/ 1/2

was dismissed for default and later restoration petition has been filed.

4. Whatever it may be, it is a pending matter in Civil forum. Since the complaint is closed nothing for further consideration and for further direction harassment does not arise.

5. Hence, the Criminal Original Petition is dismissed as infructuous.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) ksa 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 Superintendant of Police, Office of Superintendent of Police, Dindigul, Dindigul District.

2. The Inspector of Police, Sanarpatti Police Station, Dindigul District.

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

Crl.O.P.(MD)No.11446 of 2021 16.08.2021 RD(24.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2