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Madras High CourtCRL OP(MD)/13341/2023dismissed

Abinesh v. The Superintendent Of Police

2023-07-26Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.13341 of 2023 Abinesh ... Petitioner Vs.

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

2.The Inspector of Police, Uthapanayakanur Police Station, Madurai District.

3.Kannan @Narayanasamy ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent Police not to interfere the civil dispute on the basis of the complaint given by the third respondent by way of enquiry against the petitioner and his family members. For Petitioner : Mr.S.Sivaprakash For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) for R1 and R2 Mr.D.Ramesh Kumar for R3 1/5

O RDER This Criminal Original Petition is filed seeking for a direction to the second respondent not to interfere in the civil dispute between the petitioner and the third respondent, on the strength of a complaint given by the third respondent.

2. According to the petitioner, there are disputes between the petitioner and the third respondent in respect of the land in Survey Nos.84/10B and 84/12 to the extent of 40 cents and the third respondent has created a false registered sale deed by impersonation on 07.01.2009 vide Document No.44/20069. Aggrieved by the same, the petitioner has made a complaint to the concerned Authority for cancellation of the said document, alleging that on a false complaint given by the respondent No.3, the respondents Police are trying to intervene.

3. The learned Government Advocate appearing for the official respondents, on the other hands, submits that the respondent No.3 has not given any complaint to the Police against the petitioner and the Police have never called and harassed the petitioner as alleged. 2/5

4. The learned counsel appearing for the petitioner failed to satisfy as to on what date, which of the Police Officer has called the petitioner and failed to submit the summon which were allegedly issued by the respondents Police to the petitioner. There is no record to show that the Police have called the petitioner at any time.

5. Considering the circumstances, this Criminal Original Petition is dismissed.

Index : Yes/No 26.07.2023 Internet : Yes/No ssb To 1.The Superintendent of Police, Madurai District, Madurai.

3/5

2.The Inspector of Police, Uthapanayakanur Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

DR.D.NAGARJUN. J.

ssb 26.07.2023 5/5