Perumal v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD)No.16940 of 2023 Perumal ... Petitioner Vs.

1.State represented by The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Rayappanpatti Police Station, Theni District.

3.Rayappan ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, directing the respondents not to involve or interfering in the civil dispute and also abstaining them from harassing the petitioner in this regard. For Petitioner :Mr.B.Jeyakumar For R1 and R2 :Mr.S.S.Madhavan Government Advocate (Criminal.Side) **** 1/5

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 under the guise of a complaint allegedly given by the respondent No.3, with whom the petitioner has got civil dispute in respect of the immovable property.

2.It is submitted by the learned counsel for the petitioner that there are disputes between the petitioner and the respondent No.3 in respect of immovable property and a civil suit is also pending in O.S.No.158 of 2023 on the file of the District Munsif Court, Uthamapalayam. In spite of the fact that the matter has been seized by the civil Court, the respondent No.3 has filed a complaint before the respondent police, basing on which the respondent No.2 police have been not only harassing the petitioner but also insisting the petitioner to sell the immovable property to the respondent No.3, for which the petitioner is not inclined to. 3.The learned Government Advocate (Crl.side) submits that the petitioner has given a representation in respect of the allegations made against the 2/5

respondent No.3, wherein the petitioner was asked to sell the land and that the said representation and also the complaint of the respondent No.3 were enquired together and after enquiry, the said petitions were closed, as the dispute between the parties is purely civil in nature.

4.Considering the submissions made by the learned counsel on either side and on perusal of the records, this Petition is disposed of. It is needless to state that the respondent police have no business to interfere in the civil dispute and the respondent No.2 police shall not direct the petitioner to sell the property to the respondent No.3.

Speaking : Yes / No 22.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Rayappanpatti Police Station, 3/5

Theni District.

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

4/5

DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.16940 of 2023 22.09.2023 5/5