V.Manickavasagan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.3510 of 2022 V.Manickavasagan ... Petitioner Vs.

1.The Inspector of Police, Poonnamallee Police Station, Poonnamallee.

2.Dickeswaran 3.Raja ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, pleased to direct the 1st respondent, the Inspector of Police, Poonamallee Police Station to provide all necessary service to maintain the interest of the 3rd party the booked person enabling the petitioner to deliver the parcel to the booked owners. For Petitioner : Mr.V.Narayanan For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor for R1 No appearance for R2 and R3

O R D E R

The petition has been filed to seeking to direct the 1st respondent/Inspector of Police, Poonamallee Police Station to provide all necessary service to maintain the interest of the 3rd party.

2. The case of the petitioner is that he started business of parcel service namely "Highway Express Service" with the GST Code 33BPOPM3766F22M from the year 2019. He had entered into the vehicle hire agreement with the 2nd respondent. Due to Covid pandemic, the petitioner was unable to pay the service charges to the 2nd respondent and the petitioner is liable to pay a sum of Rs.1,54,82,970/-. A civil suit is also pending between the petitioner and the 2nd respondent in O.S.No.13 of 2022. The 2nd respondent has not delivered the goods booked by the petitioner to the customers, the petitioner has given a complaint to the 1st respondent. Since, no action has been taken, this present petition has been filed seeking for a direction.

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3.The learned Additional Public Prosecutor would submit that there is a business dispute between the petitioner and the 2nd respondent. The 2nd respondent has also given a complaint against the petitioner for having defaulted an amount of Rs.2.72Crores, an enquiry has been conducted in Cr.No.155 of 2022 dated 29.01.2022. Since, the matter relates to a commercial dispute between the parties, the petitioner was advised to approach the appropriate civil court. He would submit that the respondents are not proceedings with the enquiry.

4. Recording the same, this Criminal Original Petition stands closed. The petitioner is at liberty to approach the appropriate forum.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar jas/tsh To 1.The Inspector of Police, Poonnamallee Police Station, Poonnamallee.

2. The Public Prosecutor, High Court of Madras.

+1 cc to Mr.V.Narayanan, Advocate Sr.NO. 11398 Crl.O.P.No.3510 of 2022 BR(CO) A.SK(14/03/2022) https://hcservices.ecourts.gov.in/hcservices/