The High Court closed three Criminal Original Petitions filed under Section 482 CrPC. The court held that since a complaint was already closed by the police, no case survived. It directed the police not to interfere in ongoing civil disputes between the parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.06.2019
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
CRL.O.P.Nos.1734, 1735 and 5778 of 2016
R.Sivasubramaniyan ...Petitioner in Crl.O.Ps 1734 &
1735 of 2016
R.Periyasamy ...Petitioner in Crl.O.P No.5778 of 2016
Vs.
1. The Superintendent of Police,
Office of the District
Superintendent of Police,
No.2, Panneerselvam Park Road,
Erode-1.
2. The Inspector of Police,
District Crime Branch,
No.2, Panneerselvam Park Road,
Erode-1. ...1 st and 2 nd Respondents
in Crl.O.Ps 1734, 1735 and
5778 of 2016
3. R.Sivasubramaniyan ... 3 rd Respondent
in Crl.O.P No.5778 of 2016
PRAYER in Crl.O.P No.1734 of 2016 : Criminal Original Petitions filed under Section 482 of Criminal Procedure Code, praying to direct the 1st and 2nd respondents to register the complaint dated 07.11.2013 submitted to the 1st respondent and to proceed with the case in accordance with law.
PRAYER in Crl.O.P No.1735 of 2016 : Criminal Original Petitions filed under Section 482 of Criminal Procedure Code, praying to direct the 1st and 2nd respondents to register the complaint dated 06.11.2013 submitted to the 1st respondent along with a petition dated 07.11.2013 and to proceed with the case in accordance with law.
PRAYER in Crl.O.P No.5778 of 2016 : Criminal Original Petitions filed under Section 482 of Criminal Procedure Code, praying to direct the 2nd respondent not to indulge in any civil matter pending between the petitioner and 3rd respondent in respect of
the estate of K.S.Ramasamy's properties.
For Petitioner : Mr. P.Venkata Subramanian in Crl.O.Ps 1734 & 1735 of 2016
For Petitioner : Mr.T.S.Baskaran in Crl.O.P.No.5778 of 2016
For Respondents 1 &2 : Mr. M. Mohamed Riyaz
For 3rd Respondent : Mr.Giridhar and V.Kavitha in Crl.O.P.No.5778 of 2016
ORDER
The Additional Public Prosecutor on instructions submitted that the complaint given by the petitioner in Crl.O.P.Nos.1734, 1735 of 2016 has been enquired and closed in C.No.56 of 2014 on 17.10.2014. 2. In view of the above, nothing survives in these Criminal Original Petitions and the same is closed.
4.Crl.O.P. No.5778 of 2016 is disposed of with a direction to the respondent police not to interfere with the civil dispute between the parties.
s/dAssistant Registrar
True Copy
Sub-Assistant Registrar uma To 1. The Superintendent of Police, Office of the District Superintendent of Police, No.2, Panneerselvam Park Road, Erode-1.
uma
CRL.O.P.Nos.1734, 1735 and 5778 of 2016
SS(CO)
SP(11/07/2019)
1 issue framed by the court
Whether the impugned order closing the police complaint bars the filing of Criminal Original Petitions seeking registration of case and non-interference in pending civil matters.
1 provisions across 1 enactments
R.Sivasubramaniyan
R.Periyasamy
The Superintendent of Police
The Inspector of Police
R.Sivasubramaniyan
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
