Madras High CourtCRL OP(MD)/15787/2022disposed of

A.Chinnasamy v. The Superintendent Of Police

2022-09-08Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.15787 of 2022 A.Chinnasamy ... petitioner Vs.

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

2.The Sub Inspector of Police, Uthappanaickanur Police Station, Usilampatti Taluk, Madurai District.

3.Logamani ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent not to interfere in civil dispute pending in O.S.No.92 of 2022 before District Munsif Cum Judicial Magistrate No.I, Usilampatti, for the petitioner's land situated in Survey No.94/9 measuring to an extent of 6 Cents land at Sirupatti Village, Usilampatti Taluk, Madurai District, based on petitioner's representation, dated 28.06.2022.

For petitioner : Mr.S.Balaji For R1 & R2 : Mr.A.Albert James Government Advocate (Crl. Side) 1/4

O RDER This Criminal Original Petition has been filed seeking direction to the 2nd respondent not to interfere in civil dispute pending in O.S.No.92 of 2022 before District Munsif Cum Judicial Magistrate No.I, Usilampatti, in respect of the petitioner's land situated in Survey No.94/9, measuring to an extent of 6 Cents land at Sirupatti Village, Usilampatti Taluk, Madurai District.

2.Perusal of records shows that the complaint has been given by the petitioner against one Logamani and others stating that the above said Logamani and others have obtained an order for measuring the property and on that ground they are trying to measure the property on 28.06.2022. When the complainant made objection with regard to the removal of standing trees in his land, he was assaulted and criminally intimidated. She also stated that in respect of the above dispute a suit is pending in O.S.No.93 of 2022 before the District Munsif cum Judicial Magistrate No.I, Usilampatti.

3.The learned Government Advocate (Crl. Side) submitted that with regard to the above said dispute the said Logamani has also given a complaint and the same was pending in C.S.R.No.174 of 2022. The 2/4

present complaint is pending in C.S.R.No.177 of 2022. 4.When there is counter complaint, the question of harassment may not arise. The petitioner has filed this petition without any proper reason. Therefore, the petitioner is directed to co-operate with the respondent police to complete the investigation in respect of the counter complaint as well as the present complaint. If any trouble arises during the course of enquiry, the petitioner may work out his remedy through appropriate forum in the manner known to law.

5.With the above directions, this Criminal Original Petition is dismissed.

08.09.2022 Index : Yes/No Internet : Yes/No TM To 1.The Superintendent of Police, Madurai, Madurai District. 2.The Sub Inspector of Police, Uthappanaickanur Police Station, Usilampatti Taluk, Madurai District.

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

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G.ILANGOVAN. J.

TM 08.09.2022 4/4