B.Venkatesan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN B.Venkatesan ... Petitioner Vs.

State represented by,

1. The Superintendent of Police, Tiruvallur District , Tiruvallur.

2. The Inspector of Police, Kanagamba Police Station, Tiruvallur District.

3. Joyal ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., pleased to direct the 1st & 2nd respondents to give necessary adequate protection to the petitioner forthwith based on the petitioner's complaint dated 27.01.2023. For Petitioner : Mr.T.R.Nagenthiran For R1 & R2 : Mr.S.Santhosh Government Advocate(Crl.side)

O R D E R

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This Criminal Original Petition has been filed seeking to direct the respondents Police to give adequate police protection to the petitioner on the basis of his complaint dated 27.01.2023.

2. Learned counsel for the petitioner submitted that the petitioner has obtained a personal loan for a sum of Rs.2,40,000/- from the online finance company namely Prefr. He has repaid a sum of Rs.60,000/- and he has to repay the balance amount. In order to collect the balance amount, the Collection Manager of the said finance, third respondent herein, along with henchmen threatened the petitioner and his family members. Therefore, he gave a complaint to the respondent Police on 27.01.2023. But, the same has not been considered so far. Hence, the present petition has been filed.

3. In response, the learned Government Advocate (Crl.Side) appearing for the respondents Police submitted that the petitioner had borrowed a sum of Rs.2,40,000/- from the online finance company and repaid only a sum of Rs.60,000/-. He was not regular in paying the monthly installments. On the basis of the complaint, the respondent police has been conducting enquiry in 2/4

C.S.R.No.124 of 2023 and the enquiry is pending.

4. In such circumstances stated by the learned Government Advocate (Crl.Side), this Court directs the respondent Police to conduct enquiry and ensure that in money dispute, which is civil in nature, the finance company has no power to send collection agent to the house of the petitioner and threaten the petitioner and his family members to recover the money. Further, the respondent Police is directed to take appropriate action on the basis of the complaint given by the petitioner dated 27.01.2023.

5. With the above observation and direction, the Criminal Original Petition stands disposed of.

13.02.2023 ham Index: Yes/No Speaking/Non speaking order 3/4

G.CHANDRASEKHARAN,J.

ham To 1.The Superintendent of Police, Tiruvallur District, Tiruvallur.

2. The Inspector of Police, Kanagamba Police Station, Tiruvallur District.

3. The Public Prosecutor, High Court of Madras.

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