Kombaiah v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Kombaiah ... Petitioner Vs.

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

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

3.T.Sekar

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent police not to harass the petitioner under the guise of enquiry on the basis of complaint lodged by the third respondent by considering the petitioner representation 27.07.2023.

For Petitioner : Mr.V.Sukumar For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) 1/4

O RDER This petition is filed seeking for a direction to the respondent No.2 police not to harass the petitioner on a complaint given by the respondent No.3 dated 27.07.2023.

2.It is submitted by the learned counsel for the petitioner that the petitioner has entered into an agreement with the respondent No.3 in respect of cutting of coconut trees in the land belonging to the petitioner and subsequently, the petitioner stated to have sold the property to third party. Even though the respondent No.3 has filed a complaint against the petitioner before the police, no action is taken, but harassment is made basing on the false complaint of the respondent No.3.

3.The learned Government Advocate (Crl.side) on the other hand submits that the petitioner has sold his standing coconut crop to the respondent No.3 and prior to cutting of the coconuts from the trees, the petitioner has sold his property along with coconut trees to third parties. It is submitted further that the petition filed by the respondent No.3 was given as CSR.No.371 of 2023 dated 23.07.2023 2/4

and ultimately was closed on 04.08.2023 after conducting enquiry by holding that the dispute between the petitioner and the respondent No.3 is purely civil in nature.

4.Since the petition submitted by the respondent No.3 has already been closed by the police referring it as civil in nature, no further orders can be passed in this case and accordingly, this Petition is closed. Speaking : Yes / No 07.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

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

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.13923 of 2023 07.08.2023 4/4