Madras High CourtCRL OP(MD)/12765/2021dismissed as infructuous

V.T.S.A.Abdul Hamed v. The Commissioner Of Police

2021-09-03Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD).No.12765 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD).No.12765 of 2021 V.T.S.A.Abdul Hameed ... Petitioner Vs.

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

2.The Inspector of Police, Land Grapping Cell, Tirunelveli City, Palam Police Station 2nd Floor, Tirunelveli Junction.

3.Vallimayil ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to restrain the respondents 1 and 2 from harassing the petitioner in the guise of enquiry based on the complaint made by the third respondent in respect of civil dispute between the petitioner and the third respondent which is the subject matter of A.S.(MD).No.91 of 2018 on the file of this Court. For Petitioner : Mr.M.Saravanakumar For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This petition has been filed to restrain the respondents 1 and 2 from harassing the petitioner in the guise of enquiry based on the complaint made by the third respondent in respect of civil dispute between the petitioner and the third respondent which is the subject matter of A.S.(MD).No.91 of 2018 on the file of this Court. 2.When the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that on the basis of the complaint given by the third respondent herein, enquiry was undertaken and during the course of enquiry, it was found it is purely a civil dispute and the same was closed. In respect of which, a suit is also pending. Earlier complaint which was registered in Crime No.43 of 2018 given by the third respondent was also closed on the ground of civil dispute.

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Crl.O.P.(MD).No.12765 of 2021 3.Since the complaint itself was closed, question of harassment at the hands of the respondent Police may not arise. Hence, this Criminal Original Petition stands disposed of as infructuous. Sd/- Assistant Registrar (T & P) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Land Grapping Cell, Tirunelveli City, Palam Police Station 2nd Floor, Tirunelveli Junction.

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

+1 CC to M/s.M.SARAVANAKUMAR, Advocate ( SR-28121[F] dated 03/09/2021 ) Crl.O.P.(MD).No.12765 of 2021 03.09.2021 RS (21.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2