Madras High CourtCRL OP(MD)/14153/2020disposed of

Dr.A.J.Balaji v. The Commissioner Of Police

2020-12-07Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.14153 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.14153 of 2020 Dr.A.J.Balaji ... Petitioner vs.

1)The Commissioner of Police, Madurai City, Madurai.

2)The Inspector of Police, Pudhur Police Station, Madurai.

3)A.Murugandi ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents 1 and 2 herein not to harass the petitioner and his family members in the guise of enquiry. For Petitioner : Mr.G.Prabhu Rajadurai For R1 and R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondents 1 and 2 herein not to harass the petitioner and his family members in the guise of enquiry.

2.According to the petitioner, he is a Doctor by profession and is a tenant in the house of the 3rd respondent/landlord and paying rent regularly without any default. All of a sudden, the 3rd respondent refused to receive the rent and wanted the petitioner to vacate the premises.

3.The learned Additional Public Prosecutor on instructions would state that based on the complaint dated 24.11.2020 given by the 3rd respondent's son namely, Venkateshwaran against the petitioner to vacate the premises, the petitioner was called for enquiry and current paper enquiry is pending. He would further state that as the dispute between the parties is civil in nature, the parties may be directed to approach the rent control board and the respondents/police will not interfere with the matter in future. 4.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondents 1 and 2. Since no adverse order is going to be passed against the 3rd respondent, notice to him is not necessary.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14153 of 2020 5.Even as per the submissions made by the learned counsel for the petitioner as well as the learned Additional Public Prosecutor, it is the dispute between the landlord and tenant and therefore, the petitioner and the 3rd respondent are directed to approach the appropriate form for their remedy and the respondents/police has no right to interfere in a civil dispute and therefore, they will not interfere.

6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (RTI) // True Copy // / /2020 Sub Assistant Registrar(CS) Bala To 1)The Commissioner of Police, Madurai City, Madurai.

2)The Inspector of Police, Pudhur Police Station, Madurai.

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

+1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-24502[F] dated 08/12/2020 ) ORDER MADE IN Crl.O.P(MD)No.14153 of 2020 DATED : 07.12.2020 (SSS)CO AP(28/12/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2