Ilango vs The Superintendent Of Police
2021 Latest Caselaw 19451 Mad

                                                                          Crl.O.P.(MD)No.11266 of 2021



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 22.09.2021

                                                      CORAM:

                                   THE HONOURABLE MR.JUSTICE G.ILANGOVAN

                                            Crl.O.P.(MD)No.11266 of 2021

                     Ilango                                               ... Petitioner
                                                            Vs.

                     1. The Superintendent of Police,
                     Sivagangai District
                     Sivagangai.

                     2.The Deputy Superintendent of Police,
                     Sivagangai,
                     Sivagangai District.

                     3.The Inspector of Police,
                     Kalaiyarkovil Police Station,
                     Sivagangai District

                     4.Manickam                                          ... Respondents


                     PRAYER : Criminal Original Petition is filed under Section 482 of
                     Cr.P.C, to direct the respondents 1 to 3 herein to not to interfere in the
                     civil disputes on the enquiry in pursuance to the complaint lodged by the
                     fourth respondent.


                                     For Petitioner   : Mr.C.Senthil Murugan
                                     For R-1 to R3    : Mr.R.Meenakshi Sundaram,
                                                        Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis/
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                                                                              Crl.O.P.(MD)No.11266 of 2021




                                                        ORDER

This petition has been filed seeking direction to the respondents 1

to 3 herein not to interfere with the civil dispute which is pending

between the petitioner and the fourth respondent.

2. The petitioner and the fourth respondent are brothers. In respect

of property dispute, suit in O.S.No.592 of 2019 has been filed by the

sisters of the petitioner namely, Amudha, Kala, Uma and Atheeswari

before the Subordinate Court, Sivagangai, wherein the petitioner is

arrayed as the third defendant.

3. The learned counsel for the petitioner would submit that in spite

of filing of the suit, the fourth respondent, who is second defendant in the

above suit is making trouble and he has made a complaint based upon

which the third respondent police has harassed the petitioner.

4. When the matter was taken up for hearing on 12.08.2021, the

learned Additional Public Prosecutor submitted that since the suit is

pending between the parties, the parties were directed to redress their

grievance and get relief through appropriate court and on that ground the https://www.mhc.tn.gov.in/judis/

Crl.O.P.(MD)No.11266 of 2021

complaint given by the petitioner came to be closed. For circulating the

copy of the closure report, the matter is listed today. Closure report has

also been circulated.

5. A perusal of the same would show that the fourth respondent has

given complaint stating that the property in which the petitioner is in

occupation belongs to him and he has rented out the house to the third

parties and the relief is sought to evict the petitioner from possession.

The petitioner also gave a statement to the effect that in respect of the

property dispute, suit in O.S.No.592 of 2019 is pending before the

Subordinate Court, Sivagangai. But however he is in possession of the

property by putting up a shed. He will abide by the judgment of the court

that may be passed in the above suit pending suit. Similarly, the fourth

respondent has also given a subsequent statement to the effect that they

will work out their remedy in the pending civil suit. Based upon tha,t it

has been closed.

6. Since the third respondent is closed the enquiry based upon the

statement given by the petitioner and the fourth respondent, nothing

survives for consideration or direction in this petition.

https://www.mhc.tn.gov.in/judis/

Crl.O.P.(MD)No.11266 of 2021

7. Recording the submission of the learned Additional Public

Prosecutor, this petition is disposed of as infructuous.

22.09.2021

Index : Yes/No Internet : Yes/No CM

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Superintendent of Police, Sivagangai District Sivagangai.

2.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

3.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District

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

https://www.mhc.tn.gov.in/judis/

Crl.O.P.(MD)No.11266 of 2021

G.ILANGOVAN. J.

CM

Crl.O.P.(MD)No.11266 of 2021

22.09.2021

https://www.mhc.tn.gov.in/judis/