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Madras High CourtCRL OP(MD)/20320/2023dismissed as infructuous

R.Mohandass v. The Superintendent Of Police

2023-11-10Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.R.Mohandass 2.Geetha 3.Badri Ramnath 4.Pavithra ... Petitioners Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Eraniel Police Station, Eraniel, Kanyakumari District.

3.Edwin Joe ...Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, directing the second respondent not to interfere in the civil dispute between the petitioner and the third respondent with regard to pathway and consequential harassment and torture thereupo under the guise of enquiry repeatedly without any reason forthwith.

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For Petitioner : Mr.S.Palanivelayutham For Respondents : Mr.M.Sakthi Kumar 1 and 2 Government Advocate (Crl.side) For 3rdRespondent : Mr.S.Ram Sundar Vijayaraj

ORDER

This petition has been filed seeking direction to the second respondent not to interfere in the civil dispute between the petitioner and the third respondent with regard to pathway and consequential harassment and torture thereupon under the guise of enquiry repeatedly without any reason forthwith.

2.The learned Counsel appearing for the petitioners submitted that there is a pathway dispute between the petitioners and the third respondent. Hence, the third respondent has given a complaint against the petitioners.

3.The learned Government Advocate (Crl. Side) submitted that on the basis of the complaint given by the third respondent, enquiry is undertaken. During the course of enquiry, both sides appeared and it was found that there is a civil issue between the parties and they were advised 2/4

to work out their remedy through appropriate civil process. Based on the above said enquiry, the complaint was closed. 4.With the above observations, nothing survives for further adjudication in this petitioner. Hence, this criminal original petition is dismissed as infructuous.

10.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No VSG To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Eraniel Police Station, Eraniel, Kanyakumari District.

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

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G.ILANGOVAN ,J.

VSG 10.11.2023 4/4