Madras High CourtCRL OP(MD)/10136/2023disposed of

N.Nagalingam v. The Superintendent Of Police

2023-08-25Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.10136 of 2023 N.Nagalingam ... Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Thiruchuli, 2.The Inspector of Police, Thiruchuli Police Station, 3.The Sub-Inspector of Police, Paralachi Police Station, 4.P.Pandiammal ..Respondents (*R4 is impleaded as per the order of this Court dated 31.07.2023 in Crl.M.P(MD).No.10389 of 2023 in Crl.O.P(MD).No.10136 of 2023) PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the third respondent not to harass the petitioner under the guise of enquiry based on the petitioner representation dated 20.04.2023.

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For Petitioner : Mr.K.Manoharan For R1 to R3 : Mr.S.S.Madhavan Government Advocate (Crl.side) O R D E R This Criminal Original Petition is filed seeking for a direction to the third respondent Police not to harass the petitioner under the guise of a complaint given by the respondent No.4.

2. It is submitted by the learned counsel appearing for the petitioner that respondents Police have been harassing the petitioner under the guise of a complaint alleged to have been given by the respondent No.4. According to the learned counsel appearing for the petitioner, there are disputes in respect of immovable properties between the petitioner and the respondent No.4, basing on which, the petitioner has filed a suit in O.S.No.199 of 2015 on the file of the Additional District Munsif Court, Aruppukottai, which is stated to be pending and thereby, he sought for suitable directions to the respondents Police.

3. The learned Government Advocate (Criminal side) appearing for the respondents Police, on the other hand, submits that the representation given by the fourth respondent dated 20.04.2023 is registered as current 2/5

paper and during the enquiry, both the petitioner and the unofficial respondent have appeared and after recording their statements, they were advised to approach the civil Court as the dispute between the parties is civil in nature.

4. Since the dispute between the petitioner and the respondent No.4 is purely civil in nature, they were directed to approach the civil Court by the respondent Police and therefore, no further orders can be passed in this petition.

5. Accordingly, this Criminal Original Petition is disposed of. Index : Yes/No 25.08.2023 Internet : Yes/No ssb To 1.The Superintendent of Police, O/o.The Superintendent of Police, Thiruchuli, 2.The Inspector of Police, Thiruchuli Police Station, 3/5

3.The Sub-Inspector of Police, Paralachi Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

DR.D.NAGARJUN. J.

ssb 25.08.2023 5/5