Madras High CourtCRL OP(MD)/11854/2021disposed of

Muthuraj v. The Superintendent Of Police

2021-08-19Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.11854 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19/08/2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.11854 of 2021 Muthuraj

...Petitioner

Vs.

1.The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Nanguneri Sub Division, Tirunelveli District.

3.The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

4.Sivananantha Perumal

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent not to interfere into the civil subject matter in respect of the properties situated in Survey No.13/6A2, 13/6B3 and 14/1B which is pending subjudice before the Learned District Munsif,Nanguneri, Tirunelveli District in O.S.No.155 of 2016.

For Petitioners : Mr. R. Anand For R-1 to R-3 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This petition has been filed by the petitioners seeking a direction to the second respondent not to interfere into the civil dispute which is subject matter of the suit in O.S.No.155 of 2016.

2. The case of the petitioner is that in respect of the land in Survey No.13/6A2, 13/6B3 and 14/1B situated in Rajakamangalam PartII, Nanguneri Taluk, Tirunelveli, the suit in O.S.NO.155 of 2016 is pending before the District Munsif, Tirunelveli. However, he remained exparte. But later, filed a petition to set aside the exparte order. On the basis of exparte decree, 4th respondent has given a complaint based on which the third respondent compelled the petitioner to vacate the premises.

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Crl.O.P.(MD)No.11854 of 2021

3. The learned Additional Public Prosecutor would submit that no complaint is received so far from any one against the petitioner and no enquiry is pending.

4. The learned counsel for the petitioner would further submit that the petitioner has been called upon by the third respondent without any complaint.

5. Without any complaint, the third respondent cannot direct the petitioner to attend any enquiry.

6. Recording the submission made by the Additional Public Prosecutor, this petition is disposed of since no consideration or direction is required. If any trouble arise in future, liberty is always available to the petitioner to approach the court at appropriate time.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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, Tirunelveli District.

2.The Deputy Superintendent of Police, Nanguneri Sub Division,Tirunelveli District.

3.The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

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

Crl.O.P.(MD)No.11854 of 2021 19.08.2021 DJ(CO) KB(31.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2