Madras High CourtCRL OP(MD)/15806/2020disposed of

Muthukutti v. The Superintendent Of Police

2021-01-04Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.15806 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.15806 of 2020 Muthukutti ... Petitioner Vs.

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

2.The State Rep. by The Inspector of Police, Valliyoor Police Station, Valliyoor, Tirunelveli District.

3.Chelladurai 4.Esakkiammal ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C to direct the second respondent not to interfere in the civil dispute prevailing between the petitioner and the respondent Nos.3 & 4 and also not subjecting the petitioner to any harassment, torture, agony under the guise of enquiry or interrogation forthwith. For Petitioner : Mr. Palani Velayutham For Respondents 1 & 2 : Mr.Erottuchamy Government Advocate (Crl. Side)

ORDER

The petitioner has filed the present petition under Section 482 Cr.P.C., praying to direct the second respondent not harassing him by interfering in the civil dispute between him and the respondents 3 and 4.

2.The main contention of the petitioner is that he inherited certain ancestral properties and there was a civil dispute between him and the respondents 3 and 4, which culminated into filing of a civil suit in O.S.No.149 of 2020 on the file of District Munsif Court, Valliyoor, Tirunelveli District, for declaration of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15806 of 2020 tile and for consequential relief of permanent injunction restraining the respondents 3 and 4 from interfering with the petitioner's peaceful possession and enjoyment of the said property. 3.Per contra, Mr.Erottuchamy, learned Government Advocate appearing for the respondents 1 and 2, on instructions, would contend that the fourth respondent lodged a complaint with the second respondent / Inspector of Police, Valliyoor Police Station, Valliyoor, and the same has been registered as C.S.R. No.579 of 2020 and after conducting enquiry, the said petition was closed on 08.11.2020. He would also contend that nothing survives for further adjudication.

4.Recording the same, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) rm 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 Superintendant of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Valliyoor Police Station, Valliyoor, Tirunelveli District.

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

Crl.O.P.(MD)No.15806 of 2020 04.01.2021 ss(CO) KK(18.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2