1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.15157 of 2011 C.Rajangam ... Petitioner Vs. 1. The Superintendent of Police Theni District 2. The Deputy Superintendent of Police Andipatti Circle Theni District 3. The Sub-Inspector of Police K.Vilakku Police Station Theni District ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondents No.2 and 3 not to interfere with the civil dispute in connection with property in Survey No. 1295 /1 in an extend of 5 Acre 21 cents situated at Karattupatti Village, Andipatti Sub-Division mentioned in O.S.No. 22 of 2011 pending before the learned District Munsif Court, Andipatti, Theni District and not to harass the petitioner. *** For Petitioner : Mr.S.Suresh For Respondents : Mrs.S.Prabha Govt. Advocate (Crl. Side) O R D E R This Criminal Original Petition has been filed to direct the respondents No.2 and 3 not to interfere with the civil dispute in connection with property in Survey No. 1295 /1 in an extend of 5 Acre 21 cents situated at Karattupatti Village, Andipatti Sub-Division mentioned in O.S.No. 22 of 2011 pending before the learned District Munsif Court, Andipatti, Theni District and not to harass the petitioner. 2. Heard Mr.S.Suresh, learned counsel appearing for the petitioner and also Mrs.S.Prabha, learned Government Advocate (Criminal side) appearing for the respondents.. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The main grievance of the petitioner is that without any valid reason, the respondent police are harassing the petitioner. 4. According to the submission of the learned Government Advocate (Crl. Side), there is no complaint received against the petitioner nor any enquiry needed against the petitioner and therefore, there is no harassment. 5. Considering the submission made by the learned Government Advocate (Crl. Side), even if any complaint has been filed, the petitioner shall not be harassed and enquiry shall be conducted by following procedure contemplated under D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 and the respondent shall not interfere in civil dispute relating to the property of any one of the rival parties and relating to properties concerned, the civil Court is the competent forum and if any cognizable offence is found made out, then, the interference of the police is warranted. The parties should approach only the Civil Court regarding civil dispute. 6. The Criminal Original Petition is disposed of, recording the submission made by the learned Government Advocate (Crl. Side). Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To 1. The Superintendent of Police Theni District 2. The Deputy Superintendent of Police Andipatti Circle Theni District 3. The Sub-Inspector of Police K.Vilakku Police Station Theni District 4. The Additional Public Prosecutor Madurai Bench of the Madras High Court , Madurai +One cc to Mr.S.Suresh, Advocate, SR.No.41380 vsg rl/6c - - 7.12.2011 Crl.O.P.(MD).No.15157 of 2011 23.11.2011 https://hcservices.ecourts.gov.in/hcservices/