Chinnasamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.07.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN 1.Chinnasamy 2.Manoharan 3.Palpandi ... Petitioners Vs 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Viruvidu Police Station, Nilakottai Circle, Dindigul District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the second respondent to not to harass the petitioner under the guise of enquiry with regard to the complaint given by the said fourth respondent based on the petitioner's representation dated 17.06.2023. For Petitioners : M/s.Arul Jenifer For R-1 & R-2 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) 1/4

O R D E R

This petition is filed seeking for a direction to the police not to interfere with the civil dispute.

2. According to the petitioners, they are the owners in respect of the land in Survey Nos.397 / 1A and 396 /2A and they have purchased the same vide registered sale deed dated, 24.08.2005 vide Document No.1394 of 2005 from the original owner by name, Krishnasamy. When the rival claimant tried to interfere with the said property, petitioners have filed O.S.No.65 of 2023 against them seeking for perpetual injunction and the said case is still pending. In the meanwhile, rival person is stated to have filed an application before the police in respect of the same issue and that, the respondent Nos.1 and 2 / police have been harassing the petitioners by interfering with the civil dispute.

3. Learned Government Advocate (Criminal Side) submits that on the complaint received from the rival claimants, police summoned the petitioners who appeared and explained about the pendency of O.S.No.65 of 2023 and other details. Subsequently, rival claimant also appeared on which the respondent police have advised both the parties to resolve their issues by approaching the appropriate Civil Court. Since the issue has already been 2/4

landed in the Civil Court by way of O.S.No.65 of 2023, the police are not directed not to further interfere in the dispute between the petitioner and the third respondent.

4. With this observation, this Criminal Original Petition is closed. 06.07.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Viruvidu Police Station, Nilakottai Circle, Dindigul District.

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

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DR.D.NAGARJUN, J.

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