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Madras High CourtCRL OP(MD)/15399/2020closed

S.Gowri v. The Inspector Of Police

2020-12-22Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2020 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.15399 of 2020 1.S.Gowri 2.S.Sudalai 3.S.Prasanna Maharajan 4.S.Muthuvel 5.S.Muthusubramanian ... Petitioners vs.

1. The Inspector of Police Temple Police Station Tiruchendur Thoothukudi District 2.L.Sudalai Perumal 3.S.Petchiammal @ Prema 4.S.Lakshmanasundar 5.A.Antony Konar 6.A.Sudalaiyandi Konar ... Respondents PRAYER:This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the first respondent not to harass the petitioner.

For Petitioners : Mr.J.David For R1 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the first respondent not to harass the petitioners.

2. The learned counsel for the petitioners would submit that due to the property dispute between the petitioners and the respondents 2 to 6, respondents 2 and 3 had threatened the petitioners with dire consequences. Hence, the first petitioner 1/3

lodged the complaints dated 26.02.2019 and 18.03.2019 to take action against the respondents. Based on the complaints, the respondent police conducted enquiry and closed the complaints by directing both the parties to approach the civil Court for appropriate relief. In this circumstance, the first petitioner has instituted the suit in O.S.No.75 of 2019 before the District Munsif Court, Tiruchendur where the trial Court granted interim injunction as against the respondents. But the respondents 2 to 6 continuously violated the interim injunction, thereby, threatened the petitioners with dire consequences. In this circumstance, the first respondent at the instigation of the respondents 2 to 6, continuously harassing the petitioners under the guise of enquiry, for which, the petitioners made a detailed written representation dated 16.05.2020 to the Superintendent of Police, Thoothukudi to take action as against the first respondent. Till date, no such action has been taken. Hence, the present petition.

3.The learned Additional Public Prosecutor appearing for the first respondent, on instructions, would submit that earlier, there are three complaints have been lodged by the petitioners, after conducting enquiry, the said complaints were closed by advising both the parties to approach the Civil forum for their remedy. Now, there is no complaint against the petitioners. 4.Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the first respondent.

5.Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) msa 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.

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To

1. The Inspector of Police Temple Police Station Tiruchendur Thoothukudi District

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

ORDER MADE IN Crl.O.P(MD)No.15399 of 2020 22.12.2020 MJ(CO) CS(08.01.2021) 3P 3C 3/3