Madras High CourtCRL OP(MD)/12422/2023disposed of

K.Karthikeyan v. The Superintendent Of Police

2023-07-10Honourable Dr Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN K.Karthikeyan ... Petitioner Vs.

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

2.The Inspector of Police, District Crime Branch, Thanjavur, Thanjavur District.

3.Aswinkumar ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent police not to harass the petitioner under the guise of enquiry by involving civil dispute based on the petitioner's representation dated 30.06.2023.

For Petitioner : Mr.A.Saravanan 1/5

For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) O RDER This petition is filed seeking for a direction to the respondent No.2 police not to harass the petitioner.

2.According to the learned counsel for the petitioner, there are disputes between the petitioner and the respondent No.3 in respect of immovable properties, whereby the petitioner has filed a suit in O.S.No.161 of 2019 on the file of the District Munsif cum Judicial Magistrate Court, Thiruvidaimaruthur against the father of the respondent No.3 seeking permanent injunction, whereas O.S.No.485 of 2019 on the file of the District Munsif cum Judicial Magistrate Court, Thiruvidaimaruthur is filed by the father of the respondent No.3 against the Revenue Officials. Both the suits are stated to be pending. It is submitted that when the police called the petitioner for enquiry in respect of this dispute, on 27.05.2023 he appeared and filed all the documents and having received them, the police are insisting him to withdraw the case filed by him against the respondent No.3.

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3.The learned Government Advocate (Crl.side) on the other hand submits that on the complaint given by the respondent No.3, the police have issued summons to the petitioner and enquiry is still pending and requested two weeks time for closing of the petition. It is to be noted that the dispute between the parties is already pending before the concerned civil Court, thereby the police have no role to play in respect of the dispute. 4.The submissions made by the learned Government Advocate (Crl.side) that the representation given by the respondent No.3 against the petitioner will be closed within two weeks is recorded. Accordingly, this Petition is closed. Speaking : Yes / No 10.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

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2.The Inspector of Police, District Crime Branch, Thanjavur, Thanjavur District.

3.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.12422 of 2023 10.07.2023 5/5