Madras High CourtCRL OP(MD)/10389/2019dismissed

Karupiayee v. The Commissioner Of Police

2019-07-24Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.10389 of 2019 Karupiayee ... Petitioner Vs.

1.The Commissioner of Police Office of the Commissioner of Police Madurai 2.The Assistant Commissioner of Police Office of the Assistant Commissioner of Police Thallakulam, Madurai 3.The Inspector of Police Sellur Police Station Madurai 4.Nagalakshmi 5.Sathya 6.Shanmugapriya

...Respondents

Prayer:This Criminal Original Petition has been filed under Section 482 Cr.P.C. to direct the 1st respondent to direct the 2nd and 3rd respondents not to harass the petitioner based upon the representation sent by the petitioner dated 04.12.2018. For Petitioner : Mr.R.Senthil Kumar For Respondents 1 to 3: Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the respondents 2 and 3 not to harass the petitioner under the guise of enquiry.

2.The grievance of the petitioner is that there was a civil dispute between the petitioner and the respondents 4 to 6. Hence, the fourth respondent lodged a complaint against the petitioner. Based on that complaint, the third respondent police is harassing the petitioner. Hence, the present petition has been filed.

3.Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl.Side) appearing for the respondents 1 to 3, on instructions, would submit that there was a civil dispute between the parties with regard to common pathway. Based on the complaint given by the fourth respondent, an enquiry has been conducted and the same was closed as civil in nature and the parties are directed to approach the Civil Court for getting appropriate remedy. 4.I have heard the learned counsel appearing on either side and perused the materials available on record. 5.Recording the submission made by the learned Government Advocate (Crl.Side) that the after conducting enquiry, the complaint has been closed as civil in nature, no further order is required in this case. Accordingly, this Criminal Original Petition is dismissed. However, the third respondent police is directed not to harass the petitioner under the guise of enquiry. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To:

1.The Commissioner of Police, Office of the Commissioner of Police, Madurai.

2.The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Thallakulam, Madurai.

3.The Inspector of Police, Sellur Police Station.

Madurai.

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

+1 CC to M/s.R.SENTHILKUMAR, Advocate SR-77549.

Crl.O.P.(MD)No.10389 of 2019 24.07.2019 CS(02.08.2019) P C