Madras High CourtCRL OP(MD)/15994/2021disposed of

M.Senthilkumar v. The Superintendent Of Police

2021-10-22Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.15994 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.15994 of 2021 M.Senthilkumar ... Petitioner Vs.

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

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

3.S.Anitha ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police not to harass the petitioner in the guise of enquiry based on the vexatious complaint of the respondent No.3 against this petitioner. For Petitioners : Mr.A.Mathan For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to the respondent police not to harass the petitioner in the guise of enquiry based on the vexatious complaint of the respondent No.3 against this petitioner.

2.The learned counsel for the petitioner submitted that the property was gifted to the third respondent by his father-in-law. But, however, he put up a construction in the property by his own fund, in respect of which, dispute arose between them, which culminated in H.M.O.P.No.517 of 2021 before the Family Court, Madurai and H.M.O.P.No.102 of 2021 before the Principal Sub Court, Thirumangalam, which are stated to be pending. 3.The learned Additional Public Prosecutor submitted that based upon the complaint given by the third respondent, enquiry was https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15994 of 2021 undertaken in C.S.R.No.386 of 2021 and both parties have appeared before the Enquiry Officer and gave a statement to the effect that they will workout their remedy through appropriate civil proceedings and as well as in the proceedings before the matrimonial Court. Hence, the complaint was closed on 17.10.2021. 4.Since the complaint given by the third respondent has been closed, nothing survives for further consideration or direction, since no more harassment exists at the hands of the second respondent herein. The prayer sought for in this petition has become infructuous.

5.Accordingly, this Criminal Original Petition is dismissed as infructuous.

Sd/- Assistant Registrar (A.D.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, Madurai, Superintendent of Police Office, Madurai District.

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

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

Crl.O.P.(MD)No.15994 of 2021 22.10.2021 RD/SKN (22.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2