Madras High CourtCRL OP(MD)/14181/2021disposed of

S.Sornavalli v. The Superintendent Of Police

2021-10-27Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.14181 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.14181 of 2021 S.Sornavalli ... Petitioner Vs.

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

2.The Inspector of Police, Devakottai Taluka Police Station, Devakottai, Sivagangai.

3.Naadimuthu ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st respondent to give suitable direction to the 2nd respondent not to harass the petitioner at the instigation of the Respondent No.3 by considering the petitioner's representation dated 01.09.2021 within the period as stipulated by this Court. For Petitioner : Mr.A.Haja Mohideen For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

ORDER

This petition is filed seeking direction to the 2nd respondent not to harass the petitioner under the guise of enquiry, on the basis of the complaint given by the 3rd respondent herein. 2.It is a family dispute between the petitioner and the 3rd respondent herein. The 3rd respondent has given a complaint stating that this petitioner and others against the undertaking given during compromise have taken away all the articles, which was available in the ancestral house. Based upon the aforesaid complaint, investigation has been undertaken.

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Crl.O.P.(MD)No.14181 of 2021 3.The learned Additional Public Prosecutor (Crl.side) appearing for the respondents 1 and 2 would submit that because of the noncooperation of the 3rd respondent, enquiry could not be concluded and even it is kept pending.

4.Since there is no cooperation on the side of the 3rd respondent, the enquiry may be closed and if any fresh complaint is given in future, the same may be closed, advising the parties to workout their remedies through appropriate civil proceeding, since it is purely a civil dispute with regard to the sharing of the ancestral property.

5.With the aforesaid direction and liberty, this petition stands disposed of.

Sd/- Assistant Registrar(CS-III) // 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, Office of Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Devakottai Taluka Police Station, Devakottai, Sivagangai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.14181 of 2021 27.10.2021 TR/JGB(15.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2