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2010 DIGILAW 4063 (MAD)

V. Dhanasekar v. The Commissioner of Police, Urban, Chennai

2010-09-07

K.B.K.VASUKI

body2010
Judgment :- 1. On consent, this writ petition is taken up for final hearing at the admission stage. 2. The petitioner has come forward with this writ petition for forbearing the respondents 1 and 2 who are the Commissioner of Police, Urban, St.Thomas Mount, Chennai and the Inspector of Police, M2 Milk Colony Police Station, Chennai from interfering with the civil dispute between the petitioner and the respondents 3 to 6 in respect of the land and house situated in S.No.16 Madhavaram Village, Maduravaram Division, Tiruvallur District. 3. According to the learned counsel for the petitioner, the second respondent has been in collusion with the individual respondents 3 to 6 often visiting the property in question and has been threatening the petitioner to give up his right whereas, the facts made available by the Inspector of Police and the individual respondents 3 to 6 would reveal that the complaint given by the rival parties to the police was already received as petition and was given CSR number and the same was subsequently closed by the second respondent by directing the parties to settle the dispute before the appropriate civil forum and the respondents 3 to 6 have also filed O.S.No.25 of 2010 against the petitioner arraying him as the sole dependent for the relief of permanent injunction restraining him from interfering with the plaintiffs peaceful possession and enjoyment of the suit property and have also obtained exparte injunction order in I.A.No.95 of 2010 in O.S.No.25 of 2010. 4. In pursuance to the injunction order, the respondents 3 to 6 have also approached the High Court and the second respondent has registered CSR as FIR No.93 of 2010 in compliance of the direction of our High Court made in Crl.O.P.No.9014 of 2010 dated 21.04.2010 filed by the respondents 3 to 6 and has also commenced investigation. In the meanwhile, there is another complaint given before the Central Crime Branch and the same is also investigated. That being the factual situation the contention of the petitioner that the dispute between the parties is more of civil in nature and the interference of the police is malafide, motivated and unwarranted cannot at all be accepted. In the meanwhile, there is another complaint given before the Central Crime Branch and the same is also investigated. That being the factual situation the contention of the petitioner that the dispute between the parties is more of civil in nature and the interference of the police is malafide, motivated and unwarranted cannot at all be accepted. In the opinion of this court, the civil dispute gives raise to occurrence attracting criminal liability and the same is pending investigation before the concerned police personnel and it is not for this Court to interfere with the manner of investigation by police personnel except to direct the authorities concerned to proceed with the respective proceedings pending before them in accordance with law. It is needless to say the parties are also bound to fully co-operate with the authorities concerned and are at liberty to work out their remedy subject to the outcome of the proceedings. 5. With the above observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.