Thangamani v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Thangamani ... Petitioner Vs.

1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

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

3.Saktheeswaran 4.Maharajan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the R2 to not to interfere with the Civil dispute between the petitioner and the 3rd and 4th respondent under the guise of any enquiry.

For petitioner : Mr.R.Ponkarthikeyan For Respondents : Mr.M.Sakthi Kumar for R1 & R2 Government Advocate (Crl. Side) 1/4

O R D E R This petition has been filed seeking direction to the second respondent not to interfere with the Civil dispute between the petitioner and the 3rd and 4th respondent under the guise of any enquiry. 2.The petitioner is one of the owner of the properties and he entered sale agreement with the third respondent. Due to non availability of Legal Heir Ship Certificate, the completion of sale deed was delayed. Hence, proper suit to get the Legal Heir Ship Certificate also filed on behalf of the petitioner. In the said circumstances, the third respondent made a complaint before the respondent police and the same was entertained by the respondent police and issued summons to the petitioner. Hence, this petition has been filed seeking direction not to interfere into the civil issue.

3.The learned Government Advocate (Crl. Side) on instructions would submit that enquiry in this case has been conducted, completed and closed on 26.09.2023. It is submitted that even after that the respondent police made harassment. Hence, the petitioner file this petition.

2/4

4.Once enquiry is completed and closed, the second respondent has no jurisdiction to make harassment to the petitioner. In such situation, this Court issued direction to the respondent police not to make any harassment to the petitioner till the disposal of the civil dispute between them.

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

24.11.2023 Index : Yes/No Internet : Yes/No TM To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

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

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

3/4

K.K.RAMAKRISHNAN. J.

TM 24.11.2023 4/4