Madras High CourtCRL OP/5653/2019disposed of

D.Saisakthivel v. State Rep. By

2019-03-06Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5653 of 2019 D.Saisakthivel

...Petitioner

Vs.

State rep. by Inspector of Police (Crime Branch) Poonamallee Police Station Thiruvallur District ...Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent not to harass the petitioner. For Petitioner : Mr.M.Balaji For Respondents : Mr.C.Raghavan Govt. Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner under Section 482 Cr.P.C., to direct the respondent not to harass the petitioner.

2.The learned counsel for the petitioner would submit that the petitioner is an Engineering College student and his father is a Civil Contractor and doing construction business for more than two decades. His father purchased construction materials for a sum of Rs.9,00,000/- and unable to pay the balance amount. Therefore, handed over his property to the "seller enterprises" and handed over 3 post dated cheques towards the discharge of his debt from the seller. On 04.05.2018, the seller lodged a complaint before the respondent police. Though there is no allegation against the petitioner, the respondent police forcibly taken the petitioner to the police station on 29.10.2018 and threatened him to sign in blank papers and the petitioner had no other option except to sign them. Though the petitioner is not at all involved in the said transaction, the respondent police is continuously harassing the petitioner to pay the above said amount. The petitioner is no way connected https://hcservices.ecourts.gov.in/hcservices/

with the said construction work. The dispute between his father and the complainant is civil in nature. Hence this petition.

3. It is seen from the records that the dispute is between the petitioner's father and the counterparts. The petitioner is a college student and he was harassed by the respondent police for the civil dispute between the complainant and the petitioner's father. Hence, the respondent police is hereby directed not to harass the petitioner.

5.Accordingly, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar kas To 1.Inspector of Police (Crime Branch) Poonamallee Police Station Thiruvallur District 2.The Public Prosecutor High Court of Madras +1 cc to Mr.M.Balaji, Advocate, S.R.No.21188 Crl.O.P.No.5653 of 2019 SSM(05/04/2019).

https://hcservices.ecourts.gov.in/hcservices/