Dismissed

Mrs. Pasupathi v. the Commissioner of Police

Madras HC9 Aug 2018CRL OP(MD)/13723/2017

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a Criminal Original Petition under Section 482 CrPC. The court held that the dispute between parties regarding property rights, where a civil suit is pending, must be decided by the competent Civil Court and not interfered with by police action under CrPC.

What did the court decide?

The Criminal Original Petition was disposed of.

Mrs. Pasupathi Vs the Commissioner of Police — Property and Title | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 09.08.2018 CORAM: THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.13723 of 2017

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Pasupathi ... Petitioner

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Vs.

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The Commissioner of Police, Madurai City, Madurai.

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The Assistant Commissioner of Police, Anna Nagar, Madurai City, Madurai.

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The Inspector of Police, Pudur Police Station, Madurai City, Madurai.

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K.Thiruppathi

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... Respondents

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PRAYER : Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents 2 and 3 herein not to harass the petitioner by interfering in a Civil Dispute in respect of the property belonging to the petitioner of an extent of 310 Sq.ft situated at Ward No.16, Block-36, T.S.No.102/6 (Natham Survey Nos.135/1A and 134/15) having Door No.9/2, Ganesh Nagar, Sambakulam, Near Mattuthavani, Madurai Town which is subject matter of a suit in O.S.No.611 of 2016 on the file of the Learned Principal District Munsif, Madurai and consequently for a direction to the respondent No.2 not to pressurize and insist the petitioner to sell the above said property only to the fourth respondent and for other relief.

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For Petitioners : Mr.J.Lawrance

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For R1 to R3 : Mr.M.Chandrasekaran

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Additional Public Prosecutor

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ORDER

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This petition has been filed for a direction to the respondents 2 and 3 not to harass the petitioner by interfering in a Civil dispute.

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Admittedly, there is a suit, pending in O.S.No.611 of 2016 between the petitioner and the fourth respondent on the file of the Principal District Munsif, Madurai Town. The dispute between the petitioner and the fourth respondent will have to be dealt https://hcservices.ecourts.gov.in/hcservices/ only before the Civil Court and their respective rights will have to be decided by a competent civil Court.

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The learned Additional Public Prosecutor appearing for the

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respondents would submit that the second respondent did not, at any point of time, insist the petitioner to sell the property to the fourth respondent.

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The submission made by the learned Additional Public

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Prosecutor is recorded and it is made clear that the petitioner and the fourth respondent shall have their rights determined and decided, only before the Civil Court where suit is presently pending adjudication.

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Accordingly, this Criminal Original Petition is disposed of.

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Sd/-

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Assistant Registrar(CO)

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/True Copy/

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Sub Assistant Registrar(CS-I)

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The Commissioner of Police, Madurai City, Madurai.

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The Assistant Commissioner of Police, Anna Nagar, Madurai City, Madurai.

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The Inspector of Police, Pudur Police Station, Madurai City, Madurai.

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+1cc to Mr.J.Lawrance, Advocate Sr.No.77861

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+1cc to Mr.V.Ramakrishnan, Advocate Sr.No.78085

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PNN

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VB/RP/SAR1/31.08.2018/2P/6C

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Crl.O.P.(MD)No.13723 of 2017 09.08.2018

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https://hcservices.ecourts.gov.in/hcservices/

Mrs. Pasupathi v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

Mrs. Pasupathi v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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