Madras High CourtCRL OP(MD)/15089/2021dismissed as infructuous

C.Boominathan v. The Superintendent Of Police

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

Crl.O.P.(MD)No15089 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.15089 of 2021 C.Boominathan ... Petitioner Vs.

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

2.The District Superintendent of Police, Karaikudi, Sivagangai District.

3.The Inspector of police, Karaikudi South Police Station, Sivagangai District.

4.V.Muruganandham ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 to 3 and his officials not to harass the petitioner and his family members in the guise of enquiry based on the complaint of the 4th respondent and not to interfere in the civil dispute.

For Petitioner : Mr.P.Sureshkumar For Respondents : Mr.R.M.S.Sethuraman for R1 to R3 Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to the respondents 1 to 3 not to harass the petitioner in the guise of enquiry based on the complaint of the 4th respondent. 2.When the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that based upon the complaint given by the fourth respondent enquiry has been undertaken in CSR.No.191 of 2021 and during the course of enquiry both parties have appeared before the Enquiry Officer and found that there is civil dispute between the builder and owner of the house. Hence, they were advised to workout their remedy through appropriate civil proceedings and the complaint came to be closed on 24.04.2021. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No15089 of 2021 3.Since the complaint has been closed, nothing survives for further consideration or direction in this case. Hence, the matter has become infructuous. The petitioner is directed to workout his remedy through appropriate civil proceedings and question of harassment at this stage does not exists.

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

Sd/- Assistant Registrar (CS-I) // 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 Superintendent of Police, Sivagangai District, Sivagangai.

2.The District Superintendent of Police, Karaikudi, Sivagangai District.

3.The Inspector of police, Karaikudi South Police Station, Sivagangai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.P.SURESH KUMAR, Advocate ( SR-31232[F] dated 05/10/2021 Crl.O.P.(MD)No.15089 of 2021 05.10.2021 NSN(CO) KB(22.10.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2