Periyamondi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.10796 of 2024 Periyamondi ... Petitioner Vs 1.The Superintendent of Police, Madurai, Madurai District.

2.The Deputy Superintendent of Police, Samayanallur Police Station, Madurai District.

3.The Inspector of Police, Alanganallur Police Station, Madurai District.

4.R.Cinna Ponnu

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing the respondents 1 & 2 to give suitable instructions to the third respondent not to interfere in civil dispute between the petitioner and fourth respondent, based on the petitioner's written representation, dated 08.07.2024. 1/5

For Petitioner : Mr.R.Suriyanarayanan.

For R1 to R3 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R4 : Mr.S.Rajesh Kanna

O R D E R

The petitioner has approached this Court that the respondent police is harassing him in a civil dispute. 2.The learned counsel appearing for the petitioner submits that the fourth respondent is the sister of the petitioner. There is a civil dispute between them and a suit in O.S.No.113 of 2011 is pending before the V Additional District Court, Madurai, wherein, a Preliminary decree was passed. Final decree application is pending and an Advocate commissioner has also been appointed. At this stage, the fourth respondent has obtained the assistance of the respondent police to settle the issue with the petitioner on the partition. The respondent police is also harassing the petitioner to give 1/9th share to the fourth respondent.

2/5

3.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor appearing for the respondents 1 to 3 submits that on the complaint of fourth respondent, they are conducting the petition enquiry in CSR No.535/2024, dated 15.07.2024 and the same is pending.

4.Considering the nature of allegation in the complaint and considering that the petitioner has obtained a preliminary decree in O.S.No.113 of 2011 from the competent civil Court, this Criminal Original Petition is allowed. The respondent police shall not harass the petitioner. The fourth respondent has to work out her remedy in the final decree proceedings in O.S.No.113 of 2011. 19.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes vrn 3/5

To 1.The Superintendent of Police, Madurai, Madurai District.

2.The Deputy Superintendent of Police, Samayanallur Police Station, Madurai District.

3.The Inspector of Police, Alanganallur Police Station, Madurai District.

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

4/5

B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.10796 of 2024 19.07.2024 5/5