Madras High CourtCRL OP(MD)/12121/2021disposed of

C.Ashokan v. The Commissioner Of Police

2021-09-29Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.12121 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.12121 of 2021 C.Ashokan ... Petitioner Vs.

1.The Commissioner of Police, Trichy City, Trichy.

2.The Assistant Commissioner of Police, City Crime Branch, Trichy City.

3.The Inspector of Police, City Crime Branch, Trichy.

4.Thirumurugan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the third respondent to not to harass the petitioner in any manner in the guise of enquiry. For Petitioner : Mr.S.Vijayakumar For R1 - R3 : Mr.P.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

This petition has been filed seeking direction to the third respondent not to harass the petitioner in any manner under the guise of enquiry on the basis of the complaint given by the fourth respondent.

2.When the matter is taken up for hearing, even though notice has been ordered to the fourth respondent, he remained unserved due to the insufficient address. However, the learned Additional Public Prosecutor would submit that based upon the complaint given by the fourth respondent, enquiry was undertaken and during the course of enquiry, it was found that a suit in O.S.No.18 of 2013 was filed seeking partition and that was decreed. Against which A.S.No.131 of 2015 has been filed and pending the above said matter, it appears that complaint has been given. The complaint was closed by stating that civil suit is pending before the court and by advising the parties to work out their remedy in the pending proceedings.

3. The learned counsel for the petitioner would submit that as per the order passed in A.S.No.131 of 2015, interim order of stay has been passed. When the order is in force, against the order it https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.12121 of 2021 appears that the petitioner has given a complaint against the fourth respondent who is the second appellant in the Appeal Suit. Since the complaint has been closed by the third respondent, nothing survives for adjudication in this matter.

4. Recording the submission made by the learned Additional Public Prosecutor and in view of the closure report filed by the learned Additional Public Prosecutor, this petition is disposed of. Sd/- Assistant Registrar (W) // 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 Commissioner of Police, Trichy City, Trichy.

2.The Assistant Commissioner of Police, City Crime Branch, Trichy City.

3.The Inspector of Police, City Crime Branch, Trichy.

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

Crl.O.P.(MD)No.12121 of 2021 29.09.2021 DJ(CO) GC(25.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2