Selvi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2023

CORAM:

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

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

2.The Inspector of Police, Natham Police Station, Dindigul District.

3.Vellaichamy 4.Pitchammal ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd Respondent to not to interfere in the civil dispute between the Petitioner and Respondents 3 and 4 by considering the Petitioner's representation dated 26.07.2023.

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For Petitioner :Mr.V.Karuna For R1 and R2 :Mr.B.Thanga Aravindh Government Advocate (crl.side) For R3 and R4 :Mr.M.Vivek Bharathi O RDER This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking for a direction to the respondent Nos.3 and 4 police not to interfere in the civil dispute pending between the petitioner and the unofficial respondent Nos.3 and 4.

2.According to the learned counsel for the petitioner, there is dispute between the petitioner and the unofficial respondent Nos.3 and 4 and a civil suit has also been filed in O.S.No.20 of 2023 against the unofficial respondent Nos.3 and 4 and the same is pending for adjudication and in spite of it, the respondent Nos.1 and 2 police are trying to intervene in the civil dispute basing on the complaint given by the unofficial respondent Nos.3 and 4. 3.Mr.M.Vivek Bharathi, learned counsel for the unofficial respondent Nos. 3 and 4 has filed certain documents to show that earlier a case has been registered in Crime No.245 of 2023 against one of the family members of the petitioner in 2/5

respect of the same dispute and the accused therein has admitted and fine was allegedly imposed against him. It is submitted that FIR in Crime No.20 of 2023 is registered on a complaint given by the petitioner in respect of his land, for which the respondent Nos.3 and 4 have no objection. However, the petitioner has allegedly tried to intervene in respect of the lands of the respondent No.3 and 4, thereby the unofficial respondent Nos.3 and 4 got the land surveyed and the boundary stones were also fixed. When they were about to fence the land, the petitioner is raising objections and demanding them to sell the land to the petitioner.

4.The respondent Nos.3 and 4 have filed a certificate issued by the Tahsildar, which was issued after the survey was conducted. The learned Government Advocate (Crl.side) has submitted that on receipt of the representation of the petitioner dated 26.07.2023, an enquiry was initiated and both parties were participated in the enquiry and ultimately, the respondent police have closed the representation directing the parties to approach the civil Court in order to resolve their disputes.

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5.Since the learned Government Advocate (Crl.side) has submitted that the respondent police have never harassed the petitioner and advised both the parties to approach the civil Court, no further orders are required to be passed in this case. Accordingly, this Petition is closed.

Speaking : Yes / No 25.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Natham Police Station, Dindigul 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.14920 of 2023 25.08.2023 5/5