← Library
Madras High CourtCRL OP(MD)/16080/2022closed

Chelladurai v. The Superintendent Of Police

2022-10-20Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.16080 of 2022

1. Chelladurai

2. Senthil Kumar

...Petitioners

vs

1. The Superintendent of Police Ramanathapuram Ramanathapuram District

2. The Deputy Superintendent of Police Mudukulathur Ramanathapuram District

3. The Inspector of Police Mudukulathur Police Station Ramanathapuram District

4. Rajeswari

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Respondents no.1 to instruct the Respondent no.2 and 3 herein to not to interfere in the civil disputes in respect of property comprised in Survey No.54/11 and 54/13 admeasures to an extent of 1 acres and 52 cents situated at Keelamudukulathur Village, Mudukulathur Taluk, 1/5

Ramanathapuram District on the guise of enquiry in pursuance to the complaint lodged by the fourth Respondent .

For Petitioner : Mr.N.Anand For R1 to R3 : Mr.B.Nambi Selvan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the Respondents no.1 to instruct the Respondent no.2 and 3 herein to not to interfere in the civil disputes in respect of property comprised in Survey No. 54/11 and 54/13 admeasures to an extent of 1 acres and 52 cents situated at Keelamudukulathur Village, Mudukulathur Taluk, Ramanathapuram District on the guise of enquiry in pursuance to the complaint lodged by the fourth Respondent .

2. When the case came up for hearing on 13.10.2022, there was no representation on behalf of the Petitioner. Therefore the case was ordered to be listed on 20.10.2022, under the caption 'For Dismissal'. 2/5

3. Today (20.10.2022) when the case came up for hearing, the learned Counsel appearing for the Petitioner expressed his apology stating that he had instructed his colleague to represent on behalf of him, unfortunately there was no representation. Now he seeks permission of this Court to withdraw the petition.

4. The learned Additional Public Prosecutor would submit that based on the complaint from the defacto complainant CSR No.291 of 2022 was registered and during enquiry it was found that the civil suit is pending between the Petitioner and the fourth Respondent. Therefore they have directed the defacto complainant to seek remedy through civil Court.

5. In the light of the submission made by the learned Additional Pubic Prosecutor, this Criminal Original Petition is closed. 20.10.2022 Internet:Yes./No Index:Yes/no aav 3/5

To

1. The Superintendent of Police Ramanathapuram Ramanathapuram District

2. The Deputy Superintendent of Police Mudukulathur Ramanathapuram District

3. The Inspector of Police Mudukulathur Police Station Ramanathapuram District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

SATHI KUMAR SUKUMARA KURUP , J.

aav CRL.O.P (MD) No.16080 of 2022 20.10.2022 5/5