R.Chandran v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.3220 of 2020 R.Chandran, s/o. Radhakrishnan, 11/16, Balaji Nagar 1st street, Adambakkam, Chennai-600088 ... Petitioner Vs.

1.The Inspector of Police, Pallikaranai Police Station, Pallikaranai, Chennai-600 100 2.T.Pichai, 1/967, Thiruvengadam Nagar, 4th Street, Vadakkupattu, Kovilambakkam, Chennai-600 100 ... Respondents PRAYER: Writ Petition has been filed under Art. 226 of Constitution of India, praying to issue a Writ of Mandamus, forbearing the first respondent from illegally interfering in the civil disputes between the petitioner and the second respondent and from sending police officials to the petitioner's house in respect of civil issues. For Petitioner :

No appearance For R1 :

Mr.S.Karthikeyan, Additional Public Prosecutor

O R D E R

This Writ Petition has been filed for direction directing the first respondent from illegally interfering in the civil disputes between the petitioner and the second respondent. 2.The learned Additional Public Prosecutor would submit that on the complaint lodged by the second respondent, C.S.R.No.1772 of 2019 was issued and enquiry is pending. According to the petitioner he borrowed money from the second respondent and was also regularly paying the interest to the second respondent, and finally the petitioner is liable to pay only a sum of Rs.1,00,000/- to the second respondent herein. https://hcservices.ecourts.gov.in/hcservices/

While being so, the second respondent made a complaint with the first respondent and the first respondent is compelling the petitioner to settle the amount. The petitioner apprehends that the first respondent would seize his car worth Rs.9,00,000/- for the balance loan amount of Rs.1,00,000/-.

3. Considering the allegation stated in the complaint lodged by the second respondent, this Court is of the considered view that the complaint lodged is not civil in nature and as such, the direction sought for in this petition can not be granted. Hence, this writ petition is dismissed as devoid of merits. However, the first respondent is directed to complete the investigation and pass appropriate orders on the complaint lodged by the second respondent in C.S.R.No.1772 of 2019 within a period of four weeks from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(CS ) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Pallikaranai Police Station, Pallikaranai, Chennai-600 100

2. The Public Prosecutor, High Court, Madras.

Ad(co) krd 23/10 W.P. No. 3220 of 2020 https://hcservices.ecourts.gov.in/hcservices/