Isabel 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 Isabel ... Petitioner Vs.

1.The Deputy Superintendant of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, District Crime Branch, Tirunelveli District.

3.The Inspector of Police, Cheranmahadevi Police Station, Tirunelveli District.

4.Tiruvazlikambar ...Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the second respondent not to interfere in the civil dispute existing between the petitioner and the fourth respondent with respect to a house property in Plot No.50 to an extent of 80 sq.mts comprised in Survey Nos.54/1B and 45/2A at Sathyamoorthy Colony, Ward No.9, Cherankovilpaththu Village. For Petitioner : Mr.V.Angusamy For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) 1/5

ORDER

This petition has been filed to direct the second respondent not to interfere in the civil dispute existing between the petitioner and the fourth respondent with respect to a house property in Plot No.50 to an extent of 80 sq.mts comprised in Survey Nos.54/1B and 45/2A at Sathyamoorthy Colony, Ward No.9, Cherankovilpaththu Village. 2.The learned counsel appearing for the petitioner submitted that the petitioner borrowed a sum of Rs.13,50,000/- from the fourth respondent. Over which, the fourth respondent gave a false complaint against the petitioner.

3.The learned Government Advocate (Crl. Side) submitted that the property comprised in Survey No.54/1B and 54/2A is a Panchami land. But, suppressing the above said fact, the petitioner alleged to have mortgaged the property to the fourth respondent. After finding about the title over the property, the money was demanded back. Thereafter, the petitioner refused to pay the said amount, the complaint was given by the fourth respondent. On the basis of the complaint given by the fourth 2/5

respondent, enquiry was undertaken. During the course of enquiry, both the parties appeared and the petitioner gave an undertaking that within three months, the petitioner will return the above said amount to the fourth respondent, that was also accepted by the fourth respondent. On the basis of the above said undertaking, the enquiry was closed. 4.Recording the submission made by the learned Government Advocate (Crl. Side), nothing survives for further adjudication in this petition.

5.Accordingly, this Criminal Original Petition is dismissed as infructuous.

17.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No VSG 3/5

To 1.The Deputy Superintendant of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, District Crime Branch, Tirunelveli District.

3.The Inspector of Police, Cheranmahadevi Police Station, Tirunelveli District.

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

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G.ILANGOVAN ,J.

VSG 17.11.2023 5/5