Madras High CourtCRL OP(MD)/18061/2018disposed of

J. Ajmalkhan v. The Superintendent Of Police

2018-10-10Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2018

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.18061 of 2018 J.Ajmalkhan ... Petitioner -Vs1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Karaikudi North Police Station, Karaikudi, Sivagangai District.

3.Abdul Razak ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the second respondent police not to interfere into the civil dispute under the guise of enquiry without due process of law.

For Petitioner: Mr.P.Saravanakumar For R1 and R2 : Mr.M.Chandra Sekaran, Additional Public Prosecutor.

ORDER

This petition has been filed to direct the second respondent police not to interfere into the civil dispute under the guise of enquiry without following due process of law. 2.The learned counsel appearing for the petitioner would submit that there is a landlord dispute between the petitioner and the third respondent. The third respondent has given false complaint before the respondent police in order to evict the petitioner without following the due process of law. 3.If the respondent police finds that the dispute is civil in nature, the parties shall be directed to agitate their rights before the appropriate Civil Court. In such circumstances, the respondent police shall not call the parties in the name of enquiry to the police station.

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4.This Criminal Original Petition is disposed of, with the above observation.

Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS-III) To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Karaikudi North Police Station, Karaikudi, Sivagangai District.

Copy to:

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

+ 1 CC TO Mrs.P.KALAIYARASI BHARATHI, ADVOCATE IN SR NO.89907 MYR BU/PM/SAR-III:31.10.2018 : 2P/5C CRL.O.P.(MD)No.18061 of 2018 10.10.2018 https://hcservices.ecourts.gov.in/hcservices/