Madras High CourtCRL OP(MD)/12045/2019closed

A. Abilesh v. The Superintendent Of Police

2019-08-28Honourable Mr Justice V. Bharathidasan2 pages

CRL.O.P.(MD).No.12045 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.12045 of 2019 A.Abilesh : Petitioner Vs.

1.The Superintendent of Police, At Nagercoil, Kanyakumari District.

2.The Inspector of Police, Puthukadai Police Station, Kanyakumari District.

3.Paul Raj 4.Anthony 5.Anusha 6.Asha : Respondents/ Complainant PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to direct the respondents not to interfere in the civil dispute thereby coercing the petitioner to hand over the possession. For Petitioner : Mr.S.C.Herold Singh For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the second respondent not to interfere with the civil dispute.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the official respondents. Considering the nature of the order going to be passed in this petition, notice to the private respondents herein is dispensed with.

3. According to the petitioner, there is a civil dispute pending between the petitioner and the respondents 3 to 6 and a civil suit filed by the petitioner is also pending in O.S.No.125 of 2019 on the file of the Sub Court, Kuzhithurai. Pending civil suit, now based on the complaint given by the private respondents, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P.(MD).No.12045 of 2019 second respondent under the guise of enquiry, is harassing the petitioner. Hence, the present petition has been filed.

4. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side), appearing for the official respondents, on instructions, would submit that based on the complaint give by one Abilash, enquiry has been conducted in the month of June and since the enquiry reveals that it is a civil dispute between the parties, the complaint has been closed as early as on 30.06.2018. Thereafter, the second respondent has not called the petitioner for enquiry. He would further submit that the second respondent has not harassed the petitioner nor intent to harass.

5. Considering the fact that the complaint lodged by the petitioner has been enquired and closed, no further adjudication needs to be entertained in this petition. Accordingly, this Criminal Original Petition is closed.

Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar To 1.The Superintendent of Police, At Nagercoil, Kanyakumari District.

2.The Inspector of Police, Puthukadai Police Station, Kanyakumari District.

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

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-83951[F] dated 28/08/2019 )Order made in CRL.O.P.(MD).No.12045 of 2019 Dated:28.08.2019 TA MS/17.09.2019/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2