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Madras High CourtCRL OP(MD)/15091/2021dismissed as infructuous

S. Kumar v. The Commissioner Of Police

2021-10-05Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No15091 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.15091 of 2021 S.Kumar ... Petitioner Vs.

1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Pettai Police Station, Tirunelveli.

3.A.Venkatesh ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent not to interfere in the civil dispute between the petitioner and the 3rd respondent regarding the land in Survey No.473/17, Town Survey No.72, Ward No.55, Kandiyaperi Village, Tachanallur Post, Tirunelveli.

For Petitioner : Mr.K.Anand For Respondents : Mr.R.M.S.Sethuraman Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to the the 2nd respondent not to interfere in the civil dispute between the petitioner and the 3rd respondent regarding the land in Survey No.473/17, Town Survey No.72, Ward No.55, Kandiyaperi Village, Tachanallur Post, Tirunelveli.

2.The learned counsel for the petitioner submitted that in respect of the sale agreement dispute between the petitioner and one Venkatesh, who is the seller of the property, a suit in O.S.No.368 of 2019 was filed by the petitioner. In Lok Adalat there was a compromise between the above said Venkatesh and this petitioner on 12.12.2020. Subsequent to the above said Lod Adalat award the petitioner is continued to be in possession of the property. But the third respondent has filed the present compliant with bald allegations. Based upon the above said complaint the second respondent is making harassment. Since the matter has been settled in the Lok Adalat question of police enquiry does not arise. 3.The learned Additional Public Prosecutor submitted that based upon the complaint given by the third respondent enquiry has been https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No15091 of 2021 undertaken in CSR.No.317 of 2021 and after enquiry of both the parties, it came to be understand that it is a land dispute between the parties, hence by advising the parties to workout their remedy through appropriate civil proceedings, closed the complaint on 22.07.2021.

4.Since the complaint given by the third respondent has been closed and in view of the agreement before the Lok Adalat which culminated in the award, question of enquiry by the second respondent may not arise. It has been rightly closed by the second respondent. Since the complaint has been closed, nothing survives for further consideration in this petition.

5.Accordingly, this criminal original petition is dismissed as infructuous.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 Commissioner of Police, Tirunelveli City, Tirunelveli. 2.The Inspector of Police, Pettai Police Station, Tirunelveli. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.K.ANAND, Advocate ( SR-31445[F] dated 06/10/2021 ) Crl.O.P.(MD)No.15091 of 2021 05.10.2021 SE(CO) KB(25.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2