Madras High CourtWP(MD)/19028/2021disposed of

Sarath Kumar.K v. The Inspector Of Police

2022-03-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P(MD)No.19028 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P(MD)No.19028 of 2021 and W.M.P(MD)No.15815 of 2021 K.Sarath Kumar ... Petitioner Vs 1.The Inspector of Police, Crime, Thideer Nagar Police Station, Madurai.

2.The Sub-Inspector of Police, Crime, Thideer Nagar Police Station, Madurai.

3.Allaudin 4.Jimman Begum ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus, forbearing the respondents 1 and 2 from pressurizing/compelling the petitioner to enter into a compromise with the respondents 3 and 4 under the guise of enquiry in Crime No.744 of 2019 without taking note of the pendency of the suits in O.S.Nos.523 of 2016, 403 of 2018, 269 of 2018 and R.C.O.P.No.45 of 2018 which is purely civil in nature in respect of the property comprised in Door No.99/53, ground floor and first floor, Nethaji Road, Madurai.

For Petitioner : Mr.R.G.Shankar Ganesh For RR 1 & 2 : Mr.B.Thanga Aravindh Government Advocate (Crl. Side) For R3 : Mr.A.Balaji

ORDER

This Writ Petition has been filed for issuance of a Writ of Mandamus, forbearing the respondents and from pressurizing/compelling the petitioner to enter into a compromise with the respondents 3 and 4 under the guise of enquiry in Crime No.744 of 2019 without taking note of the pendency of the suits in O.S.Nos.523 of 2016, 403 of 2018, 269 of 2018 and R.C.O.P.No.45 of 2018 which is purely civil in nature in respect of the property comprised in Door No.99/53, ground floor and first floor, Nethaji Road, Madurai.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.19028 of 2021 2.The learned Government Advocate (Criminal Side) appearing for the respondents 1 & 2 would submit that there is a civil dispute pending between the petitioner and the respondents 3 and 4 with regard to landlord-tenant dispute. The respondents 1 and 2 never compelled the petitioner to go for compromise with the respondents 3 and 4 herein.

3.In view of the above submission, the respondents 1 and 2 are directed not to interfere with the civil dispute between the petitioner and the respondents 3 and 4 herein, except crime committed by the petitioner in Crime No.744 of 2019. 4.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) ps 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 Inspector of Police, Crime, Thideer Nagar Police Station, Madurai.

2.The Sub-Inspector of Police, Crime, Thideer Nagar Police Station, Madurai.

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

W.P(MD)No.19028 of 2021 24.03.2022 RK(04/04/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2