Vijaya v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Vijaya ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Oomachikulam Sub Division, Madurai District.

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

4.The Sub Inspector of Police, Appanthirupathy Police Station, Madurai District.

5.M.Oiyammal 6.M.Asaithambi 1/5

7.M.Vaguthy ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st and 2nd respondents to direct the 3rd and 4th respondents not to harass the petitioner and her family members based on the petitioner's representation dated 25.06.2023 and 26.06.2023 by compelling her to remove the fence in the petitioner's lands in S.Nos.59/12 and 12A of Kallandhiri Village 1st bit, Madurai North Taluk, Madurai District based on the 5th respondent's false complaint and under the guise of enquiry.

For Petitioner : Mr.A.Prasanna Rajadurai For R1 to R4 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) O RDER This petition is filed seeking for a direction to the respondent Nos.1 to 4 police not to harass the petitioner.

2.It is submitted by the learned counsel for the petitioner that the petitioner is the absolute owner of the property and she has sold 41⁄2 cents of land to the respondent No.5. Disputes arose between the parties in respect of some pathway. The respondent No.5 has filed O.S.No.101 of 2023 on the file of the District 2/5

Munsif Court, Melur, Madurai. It is submitted that even during the pendency of the said suit, the respondent No.6, who is the President, is influencing the police to come to the terms.

3.The learned Government Advocate (Crl.side) on the other hand submits that a petition has been received from the respondent Nos.5 to 7 against the petitioner. In that context, the petitioner was asked to come to the police station and having come to know that a dispute is already pending in the civil Court, the police have advised both the parties to settle their disputes in the civil Court and accordingly, the petition filed against the petitioner was closed on 27.06.2023 and subsequently, the police have not called the petitioner. 4.The learned counsel for the petitioner submits that subsequent to the closure of the petition, there were no instructions from the police in respect of this issue.

5.By recording the same, this Petition is closed. It is needless to state that since the dispute in respect of the landed property is pending before the civil 3/5

Court, the police have no role to play in settlement of the dispute between the parties.

Speaking : Yes / No 10.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Superintendent of Police, Madurai, Madurai District.

2.The Deputy Superintendent of Police, Oomachikulam Sub Division, Madurai District.

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

4.The Sub Inspector of Police, Appanthirupathy Police Station, Madurai District.

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.12351 of 2023 10.07.2023 5/5