K.Rajeswari v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN K.Rajeswari ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Papanasam Taluk, Thanjavur District.

3.The Inspector of Police, Kapisthalam Police Station, Thanjavur District.

4.Raja

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the third respondent herein not to interfere with the civil disputes except under due process of law. For Petitioner : Mr.B.Jameelarasu For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For 4thRespondent : Mr.AN.Ramanathan 1/5

ORDER

This petition has been filed to direct the third respondent herein not to interfere with the civil disputes except under due process of law. 2.The learned counsel appearing for the petitioner submitted that the petitioner filed a civil suit in O.S.No.52 of 2023 before the learned District Munsif cum Judicial Magistrate, Papanasam, against the father of the fourth respondent. The same is pending. He further submitted that the fourth respondent said to have trespassed into the petitioner's property and caused damage to the standing trees and other crops. When the same was questioned by the petitioner, the fourth respondent said to have abused her in filthy language. Over which, she lodged a complaint before the second respondent Police, the same was forwarded to the third respondent for enquiry. Thereafter, instead of taking action, the third respondent said to have tried to evict the petitioner from the said property. Hence, the present petition has been filed. 3.The learned Government Advocate (Crl. Side) submitted that the 2/5

fourth respondent is the owner of the property and the petitioner alleged to have made an attempt to encroach upon the property. He further submitted that similar complaints were registered against the petitioner in Crime Nos.89, 323 and 473 of 2023 before the very same police station. The petitioner herself gave a complaint against the fourth respondent as if the fourth respondent tried to evict her from the property under dispute.

4.Since the suit is pending between the parties, let the parties workout their remedy in the pending suit. There is no question of harassment.

5.With the above said liberty this criminal original petition stands disposed of.

17.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No VSG To 3/5

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

2.The Deputy Superintendent of Police, Papanasam Taluk, Thanjavur District.

3.The Inspector of Police, Kapisthalam Police Station, Thanjavur District.

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

4/5

G.ILANGOVAN ,J.

VSG 17.11.2023 5/5