Madras High CourtCRL OP(MD)/13396/2021disposed of

K.Suresh v. The Superintendent Of Police

2021-09-13Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.13396 of 2021 1.K.Suresh 2.S.Madhavi 3.Kalairajan ... Petitioners Vs.

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

2.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

3.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

4.P.Alagarsamy 5.Sarathkumar 6.Sangamma 7.Malaisamy 8.A.Udaiyammai ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 to 3 not to interfere in the civil dispute in respect of the property comprised in S.No.266/6A situated at Paruthikanmai Village and Post, Kalaiyarkovil Taluk, Sivagangai District under the guise of enquiry in pursuance of the complaint lodged by the respondents 4 to 8.

For Petitioners : Mr.C.Senthil Murugan For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) 1/3

ORDER

This petition is filed seeking direction to the respondents 1 to 3 not to interfere into the civil dispute in respect of the property in S.No.266/6A situated at Paruthikanmai Village and Post, Kalaiyarkovil Taluk, Sivagangai District, on the basis of the compliants given by third parties.

2.When the matter is taken up for hearing, the learned counsel appearing for the petitioners sought adjournment as he has to file some additional documents.

3.The learned Additional Public Prosecutor (Crl.side) appearing for the respondents 1 to 3 would submit that based upon the complaint given by the 6th respondent, a case in Crime No.435 of 2021 for the offences punishable under Sections 447, 427, 294(b) and 506 (i) of IPC has been registered against the 1st petitioner herein on 08.09.2021. Insofar as the petitioners 2 and 3 are concerned, no case and no enquiry are pending against them. 4.He would further submit that since a case has been registered against the 1st petitioner herein, he has to workout his remedy before the appropriate Court through appropriate proceedings. Since no case or no enquiry is pending against the petitioners 2 and 3, the question of harassment at the hands of the official respondents may not arise.

5.Recording the submission made by the learned Additional Public Prosecutor (Crl.side), this petition is disposed of by granting the aforesaid liberty.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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 Superintendent of Police, Sivagangai District, Sivagangai.

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2.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

3.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

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

13.09.2021 RD(20.09.2021) 3P 5C 3/3