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Madras High CourtCRL OP(MD)/10845/2023dismissed as infructuous

Nilofer Nisha v. The Superintendent Of Police

2023-06-19Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.10845of 2023 Nilofar Nisha ... Petitioner Vs.

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

2. The Deputy Superintendent of Police, Deputy Superintendent of Police, G.H Road, Ramanathapuram, Ramanathapuram District.

3. Inspector of Police Town police Station, G.H Road, Ramanathapuram, Ramanathapuram District.

4. Inspector of Police Devipattinam police Station, Ramanathapuram, Ramanathapuram Taluk & District.

5. Noor Nisha

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Respondents 1 to 4 not to harass the petitioner and her brother Mohammed Farook Ali and their family members under the guise of enquiry and further not to interfere with the petitioner right and 1/4

property described in OS.No.135 of 2019 on the file of Sub-Ordinate Judge, Ramathanpuram which is pending.

For Petitioner : Mr.Hassanul Bazari.J.M For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor for R1 to R4 * * * * * O RDER This criminal original petition has been filed seeking direction to the Respondents 1 to 4 not to harass the petitioner and her brother Mohammed Farook Ali and their family members under the guise of enquiry and further not to interfere with the petitioner right and property described in OS.No.135 of 2019 on the file of Sub-Ordinate Judge, Ramathanpuram which is pending.

2.The learned Additional Public Prosecutor would submit that on the basis of the complaint given by the fifth respondent enquiry is undertaken. During the course of enquiry, finding that there is a civil issue between the parties over sharing of the common property and more particularly, in view of the pendency of the suit in O.S.No.135 of 2019 on the file of the Sub Court, Ramanathapuram, they were advised to workout their remedy in the pending suit. Therefore, nothing survives 2/4

for further consideration in the present petition. 3.In view of the submissions made by the learned Additional Public Prosecutor, this criminal original petition stands dismissed as infructuous.

19.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No TM To

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

2. The Deputy Superintendent of Police, Deputy Superintendent of Police, G.H Road, Ramanathapuram, Ramanathapuram District.

3. Inspector of Police Town police Station, G.H Road, Ramanathapuram, Ramanathapuram District.

4. Inspector of Police Devipattinam police Station, Ramanathapuram, Ramanathapuram Taluk & District.

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

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G.ILANGOVAN. J.

TM Crl.O.P.(MD) No.10845of 2023 19.06.2023 4/4