Madras High CourtCRL OP(MD)/16661/2021dismissed as infructuous

Selvam v. The Superintendent Of Police

2021-10-28Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.16661 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.16661 of 2021 Selvam ... Petitioner Vs.

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

2.The Inspector of Police, DCB (District Crime Branch), Pudukottai District.

3.Nallaiya ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent police not to interfere in civil dispute between the petitioner and 3rd respondent in O.S.No.73 of 2021 on the file of the District Munsif Court, Pudukottai, based on the petitioner's representation, dated 22.10.2021.

For Petitioner : Mr.S.Kameswaran For Respondents : Mr.R.M.S.Sethuraman for R1 & R2 Additional Public Prosecutor Mr.D.R.Murugesan for R3

ORDER

This petition has been filed seeking direction to the the 2nd respondent police not to interfere in civil dispute between the petitioner and 3rd respondent in O.S.No.73 of 2021 on the file of the District Munsif Court, Pudukottai, based on the petitioner's representation, dated 22.12.2021.

2.When the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that based upon the complaint given by the third respondent, enquiry has been undertaken in C.No.2623 of 2021 and during the course of enquiry, it was found that case in counter case has been registered against both the parties in Crime Nos.691 & 692 of 2021 and suit has also pending before the learned Judicial Magistrate Court, Pudukkottai in O.S.No.73 of 2021, which has been filed for permanent injunction. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.16661 of 2021 In view of the above, the complaint given by the third respondent has been closed on 27.10.2021, advising the parties to workout their remedy in the pending suit.

3.Since the complaint given by the third respondent has been closed by advising the parties to workout their remedy in the pending suit, harassment at the hands of respondent police may not exists. However, the learned counsel for the third respondent submitted that the enquiry is still pending. But in view of the submission made by the learned Additional Public Prosecutor and the closure report filed, the prayer sought for in this petition has become infructuous. Hence, the third respondent may workout his remedy in the pending proceedings.

4.This criminal original petition is dismissed as infructuous. Sd/- Assistant Registrar(Records) // 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 District Munsif Court, Pudukottai.

2.The Superintendent of Police, Pudukottai District, Pudukottai.

3.The Inspector of Police, DCB (District Crime Branch), Pudukottai District.

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

Crl.O.P.(MD)No.16661 of 2021 28.10.2021 ps(CO) TR(18.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2