Madras High CourtCRL OP(MD)/15919/2020dismissed

Ilamparithi v. The Deputy Superintendent Of Police

2021-02-01Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.15919 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.15919 of 2020 Ilamparithi ... Petitioner Vs.

1.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

3.Komali 4.Ismath ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, to direct the first and second respondents not to interfere in the civil dispute pending between the petitioner and the private respondents and also not to harass the petitioner and his family members under the guise of an enquiry. For Petitioner : Mr.M.S.Jeyakarthik For R1 and R2 : Mr.R.Erottuchamy Government Advocate (Criminal Side) For R4 : Mr.S.A.Ajmalkhan

ORDER

The present petition is filed by the petitioner seeking for a direction to the respondents 1 and 2 not to harass the petitioner and his family members under the guise of an enquiry. 2.Mr.R.Erottuchamy, learned Government Advocate (Criminal side), who accepts notice on behalf of the respondents 1 and 2, on instructions, would contend that the complaint lodged by the fourth respondent was registered in N.Ref.No.G3/31449/2235/2020 and N.Ref.No.325/SDO-P/G3/2020 and the same was closed by the second respondent since the dispute between the parties are civil in nature.

3.A perusal of the complaint filed by the fourth respondent shows that the petitioner, who is a tenant refused to vacate the premises and when the fourth respondent approached the petitioner in this regard, he threatened him with dire consequences. Since the matter in issue pertains to a civil dispute, the closure of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15919 of 2020 complaint by the police is justified. Hence, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) sji 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 Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

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

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-2938[F] dated 02/02/2021 Crl.O.P.(MD)No.15919 of 2020 01.02.2021 SSS(CO) KK(24.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2