Madras High CourtCRL OP(MD)/15595/2023disposed of

K.Paramasivam v. The Superintendent Of Police

2023-09-07Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN K.Paramasivam ... Petitioner Vs.

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

2.The Inspector of Police, Thirukkattupalli Police Station, Thirukkattupalli, Thanjavur District.

3.The Sub Inspector of Police, Thirukkattupalli Police Station, Thirukkattupalli, Thanjavur District.

4.Padmanathan ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the third respondent not to harass the petitioner under the guise of enquiry on the complaint lodged by the fourth respondent in respect of the residential house property of an extent of 7 cents comprised in S.No.384/38, situated at Kandamangalam, Boodhalur Taluk, Thanjavur District, by considering the 1/5

representation submitted by the petitioner dated 19.08.2023 within the time stipulated by this Court.

For Petitioner :Mr.A.C.Asaithambi For R1 to R3 :Mr.B.Thanga Aravindh Government Advocate (crl.side) O RDER This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking for a direction to the respondent police not to harass the petitioner basing on a complaint given by the respondent No.4. 2.It is submitted by the learned counsel for the petitioner that the petitioner and about 42 families including the respondent No.4 have occupied the patta land belonging to third persons. The respondent No.4, who is one of the occupants, has filed a false complaint, basing on which the respondent police are asking the petitioner to vacate the premises.

3.The learned Government Advocate (Crl.side) submits that the representation of the petitioner is numbered as CSR.No.379 of 2023 dated 2/5

18.08.2023 and during the course of enquiry, the petitioner's wife appeared and gave an undertaking in front of 6 witnesses that she will vacate the premises and by recording the same, CSR.No.379 of 2023 was closed. 4.It is submitted by the learned counsel for the petitioner that the petitioner's wife has not given any such undertaking before the police. 5.Considering the submissions made by the learned counsel on either side, no further directions can be given in this case, since the petition filed by the petitioner has already been closed. It is needless to state that the respondent police shall not interfere in the dispute between the petitioner and the respondent No.4. Accordingly, this Petition is disposed of. Speaking : Yes / No 07.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 3/5

To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Thirukkattupalli Police Station, Thirukkattupalli, Thanjavur District.

3.The Sub Inspector of Police, Thirukkattupalli Police Station, Thirukkattupalli, Thanjavur District.

4.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.15595 of 2023 07.09.2023 5/5