Madras High Court
M.Dinesh Kumar vs The Deputy Superintendent Of ... on 12 May, 2021
Crl.O.P.No.9048 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.05.2021
Coram
The Honourable Mr.Justice G.CHANDRASEKHARAN
Crl.O.P.No.9048 of 2021
M.Dinesh Kumar
...Petitioner
Versus
1.The Deputy Superintendent of Police,
Conoor Taluk,
Nilgiris District.
2.The Inspector of Police,
Kothagiri Police Station,
Main Bazaar,
Nilgiris District.
3.R.Rajan @ Rajappan
...Respondents
This Criminal Original Petition is filed under Section 482 of Cr.P.C
praying to direct the 1st and 2nd respondent Police to not to interfere with
the civil dispute and not call the petitioner for enquiry and harass the
petitioner in connection with C.S.R.No.171 of 2021 dated 22.04.2021 on the
file of the 2nd respondent Police.
For Petitioner : Mr.C.Arun Kumar
For Respondents : Mr.S.Karthikeyan,
Addl. Public Prosecutor
1/6
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.9048 of 2021
ORDER
The relief sought for in this petition is to direct the respondents 1 & 2
to not to interfere with the civil dispute and not call the petitioner for
enquiry and harass him in connection with C.S.R.No.171 of 2021 dated
22.04.2021 on the file of the second respondent Police.
2. Admittedly, in this case, there is a civil dispute between the
petitioner and the defacto complainant/third respondent. The petitioner had
filed O.S.No.56 of 2005 on the file of the District Munsif Court, Kotagiri
for the relief of declaration of title and recovery of possesion and the same
was decreed in his favour. Hence, as against the said decree, the defacto
complainant/third respondent had filed a First Appeal in A.S.No.49 of 2007
on the file of Subordinate Court, Udhagamandalam and the same was
allowed on 26.10.2007. Challenging the judgment passed in A.S.No.49 of
2007, the petitioner had filed a Second Appeal in S.A.No.391 of 2008
before this Court. However, the said Second Appeal was dismissed for non-
prosecution on 26.02.2019.
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Crl.O.P.No.9048 of 2021
2.1. Meanwhile, it is alleged that the defacto complainant has lodged
a complaint against the petitioner stating that on 14.04.2021, at 10.00 a.m.,
the petitioner and his henchmen had encroached his building and caused
damages to it.
3. The learned counsel for the petitioner would submit that there is a
delay in giving the complaint and the allegations made in the said complaint
are false since the same was given on ill motive. He would further submit
that the issue between the parties is a civil dispute, however, on the basis of
the complaint given by the defacto complainant, the respondent(s) Police is
frequently calling the petitioner for enquiry.
4. The learned Additional Public Prosecutor appearing for the
respondent(s) would submit that there was a petition enquiry in
C.S.R.No.171 of 2021 is pending against the petitioner and therefore, the
petitioner has to co-operate with the respondent(s) police during enquiry. If
the allegations made in the complaint given by the defacto complainant are
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.9048 of 2021
cognizable offence, the 2nd respondent Police has to register FIR against
the petitioner in accordance with law, or if no such offence is made out, the
second respondent can close the enquiry.
5. It is made clear that the respondent(s) Police cannot interfere with
the civil dispute between the parties, however, if the petitioner has
committed a criminal offence, the respondent(s) Police can take action
against him. This Court directs the petitioner to appear before the
respondent(s) Police for enquiry as and when required by them with specific
reference to the criminal offence alleged in the petition and not with
reference to any civil dispute.
6. With the above observations, this Criminal Original Petition is
disposed of.
12.05.2021
mrr
Index : Yes/No
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.9048 of 2021
To
1.The Deputy Superintendent of Police,
Conoor Taluk,
Nilgiris District.
2.The Inspector of Police,
Kothagiri Police Station,
Main Bazaar,
Nilgiris District.
3.The Public Prosecutor,
High Court of Madras,
Chennai - 600 104.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.9048 of 2021
G.CHANDRASEKHARAN, J.,
mrr
Crl.O.P.No.9048 of 2021
12.05.2021
https://www.mhc.tn.gov.in/judis/
