Madras High CourtCRL OP(MD)/13169/2021disposed of

Samynathan v. The Deputy Superintendent Of Police

2021-11-10Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.13169 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.13169 of 2021 1.Samynathan 2.C.Kalimuthu ... Petitioners Vs.

1.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

2.The Inspector of Police, Thirupavanam Police Station, Sivagangai District.

3.M.Kasthuriammal ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 1st respondent herein not to interfere with the civil dispute in between the petitioners and the 3rd respondent herein.

For Petitioners : Mr.S.Ramasamy For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor for R1 & R2.

Mr.N.Kalimuthu for R3

O R D E R

The prayer of the petitioners is that the second respondent ought not to interfere in the pending dispute, which they have with the third respondent.

2.The learned counsel for the third respondent states that the third respondent is having a civil Court's decree in her favour and that she is in possession. The petitioners on the other hand assert that they are in possession.

3.If the third respondent is having an enforceable civil Court's decree, it is for the third respondent to execute the same. In any event, in this criminal original petition filed by the petitioners herein, no relief can be granted in favour of the third respondent. The respondents 1 and 2 shall not interfere in the civil dispute between the petitioners on the one hand and the third respondent on the other in the absence of any specific order of the Court.

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Crl.O.P(MD)No.13169 of 2021 4.The criminal original petition is disposed of accordingly. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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 Deputy Superintendent of Police, Manamadurai, Sivagangai District.

2.The Inspector of Police, Thirupavanam Police Station, Sivagangai District.

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

Crl.O.P(MD)No.13169 of 2021 10.11.2021 MMS(CO) GC/PM(23.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2