T.K.Srinath v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.19602 of 2023 T.K.Srinath

...Petitioner

Vs.

1.The Commissioner of Police, Commissioner's Office, Alagar Kovil Road, K.Pudhur, Madurai.

2.The Inspector of Police, B5, South Gate Police Station, (Law & Order), Madurai.

3.T.R.Chandramoorthy

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st respondent to instruct the 2nd respondent not to harass the petitioner and to consider the Petitioner's representation, dated 26.10.2023, which is 1/4

pending before the 2nd respondent.

For Petitioner :Mr.T.R.Subramanian For Respondent :Mr.M.Sakthi Kumar Government Advocate (Crl. Side) O RDER This Criminal Original Petition is filed to direct the 1st respondent to instruct the 2nd respondent not to harass the petitioner and to consider the Petitioner's representation, dated 26.10.2023, which is pending before the 2nd respondent.

2. The learned counsel for the petitioner would submit that a partition suit was filed by the third respondent herein in the earlier occasion in O.S.No.321 of 1995 before the District Munsif Court, Melur, that was dismissed on 14.10.1997, against which, appeal suit was filed in A.S.N.132 of 1998 before the II Additional Sub Court, Madurai, that was also dismissed on 25.01.2000. Thereafter, Second Appeal was preferred in S.A.No.563 of 2000, that was also dismissed on 23.06.2021. Later, another suit in O.S.No.274 of 2022 was filed before the I Additional District Court, Madurai, which is now stated to be pending, for the very same relief. Pending the above said civil process, a complaint is given by the 2/4

third respondent herein, stating that he has been evicted from the house, which belongs to him. Since already the civil suit was initiated and was ended in failure, another suit is initiated, wherein, the complainant is shown as defendant. Let the above said enquiry be closed by the second respondent, directing the parties to workout their remedy in the pending civil suit itself.

4. With the above said direction, this Criminal Original Petition is disposed of.

Speaking : Yes / No 02.11.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The Commissioner of Police, Commissioner's Office, Alagar Kovil Road, K.Pudhur, Madurai.

2.The Inspector of Police, B5, South Gate Police Station, (Law & Order), Madurai.

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

Crl.O.P.(MD)No.19602 of 2023 02.11.2023 4/4