Madras High CourtCRL OP(MD)/11573/2021disposed of

Nalla Karthi @ Raja v. The Superintendent Of Police

2021-08-17Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Nalla Karthi @ Raja 2.N.Hariharan 3.Vadivel ... Petitioners Vs.

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

2.The Deputy Superintendent of Police, Manapparai, 3.The Inspector of Police, Thuvarankurichi Police Station, Thuvarankurichi, 4.Shivashanmugam ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents not to interfere with the civil dispute between the petitioner and the 4th respondent under the guise of enquiry.

For Petitioners : Mr.A.Joel Paul Antony For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side)

ORDER

This petition is filed seeking a direction to the respondents not to interfere with the civil dispute between the petitioners and the 4th respondent under the guise of enquiry. 2.The learned counsel appearing for the petitioners submitted that the petitioners are having the ancestral property in S.Nos.257/29, 257/30, 257/31 and 684/11 situated at Thuvarankurichi Main Road, Marungapuri Taluk, Trichy District. The 1st petitioner's father was in possession of the same for several years. After the death of the 1st petitioner's father, the 1st petitioner become 1/3

entitled to the property and has been in possession of the same. The 4th respondent herein, who created problem, is the cousin brother of the 1st petitioner. So, on the basis of the complaint given by the 4th respondent herein, the respondent police have interfered in the civil dispute. Hence, this petition.

3.The learned Additional Public Prosecutor (Crl.Side) appearing for the respondents 1 to 3 submitted that based upon the complaint given by the 4th respondent herein, a case in Crime No.340 of 2021 has been registered for the offences punishable under Sections 294 (b), 324 and 506 (i) of IPC on 15.07.2021. Similarly, on the basis of the complaint given by the 1st petitioner herein, a case in Crime No.341 of 2021 has also been registered on the same day itself. Since, it is a case and case in counter, there is no question of harassment or interference in the civil dispute. 4.Considering the facts and circumstances of the case, no direction is required in this petition. Hence, the parties are directed to workout their remedies before the appropriate Court through appropriate proceedings.

5.With such liberty, this petition is disposed of. Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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, Trichy.

2.The Deputy Superintendent of Police, Manapparai, 2/3

3.The Inspector of Police, Thuvarankurichi Police Station, Thuvarankurichi, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

17.08.2021 RK (25.08.2021) 3P 5C 3/3