Vijayakumar.N.T.R v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.16008 of 2022 Vijayakumar.N.T.R ... Petitioner Vs.

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

2.The Inspector of Police, District Crime Branch Police Station, Dindigul District.

3.Sharmilee ... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent herein not to interfere into the civil dispute,which is pending between petitioner and the 3rd respondent herein in O.S.No.258 of 2021 on the file of learned Principle District Munsif Court, Dindigul under the guise of enquiry.

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For Petitioner : Mr.Chandrakumar.A For R1 and R2 : Mr.B.Nambiselvan Additional Public Prosecutor For R3 : Mr.Adithya Vijayalayan

O R D E R

This Writ Petition has been filed to direct the 2nd respondent herein not to interfere into the civil dispute, which is pending between petitioner and the 3rd respondent herein in O.S.No.258 of 2021 on the file of learned Principle District Munsif Court, Dindigul under the guise of enquiry.

2. The case of the prosecution is that the petitioner is the husband of the third respondent and there is misunderstanding between them. In such circumstances, without knowledge of the petitioner, the third respondent tried to alienate the property, which was purchased by the petitioner in the name of the third respondent. Further, the petitioner filed a suit in O.S.No.258 of 2021 before the Principal District Munsif Court, Dindigul and the same is still pending and for the same dispute, the 2/5

petitioner made a complaint before the second respondent Police.

3. The learned Additional Public Prosecutor appearing for the respondent Nos.1 and 2 submits that it is a civil dispute between the husband and wife. On the basis of the complaint given by the petitioner, enquiry was conducted in C.No.288 of 2022 and the same was closed, advising the parties to workout their remedy in the pending civil suit itself on 16.08.2022. Further he would submit that since the above said complaint was closed, there is no interference made by the respondent Police into the civil dispute between the petitioner and the third respondent. The above closure report is also filed before this Court.

3. The learned counsel for the petitioner would submit that it would suffice if this Court grants liberty to the petitioner to workout his remedy before the criminal Court or civil Court in the manner known to law.

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4. In view of the submission made by the learned counsels on either side and it is a civil dispute between the husband and wife, liberty is granted to the petitioner to workout his remedy in the manner known to law.

5. In the result, this Writ Petition is closed. No costs. 07.02.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No Indu To:

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

2.The Inspector of Police, District Crime Branch Police Station, Dindigul District.

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

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M.DHANDAPANI,J.

Indu 07.02.2024 5/5