Madras High CourtCRL OP/5781/2019disposed of

Rajamani v. The Superintendent Of Police

2019-03-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5781 of 2019 Rajamani ... Petitioner Vs.

1.The Superintendent of Police, District Crime Branch, Dharmapuri District.

2.The Inspector of Police, Thoppur Police Station, Dharmapuri District.

... Respondent Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent not to harass the petitioner under the guise of enquiry on the false complaint lodged by the defacto complainant namely Malliga.

For Petitioner : Mr.T.Ganesan For Respondent : Mr.C.Raghavan Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the respondent not to harass the petitioner under the guise of enquiry.

2. Heard learned counsel appearing for the petitioner and learned Government Advocate (Crl.side) for the respondent police.

3. The defacto complainant is a lessee under the petitioner. Admittedly, the petitioner owes some money to the complainant. According to the petitioner, the defacto complainant neither repaid the money nor she paid the interest and in order to evade the repayment of loan, she had made a false complaint as against the petitioner. Based on the complaint, the 2nd respondent Police are harassing the petitioner under the guise of enquiry. https://hcservices.ecourts.gov.in/hcservices/

4. It is seen that the matter pertains to civil dispute between the parties. This matter cannot be enquired by the police. Hence, the 2nd respondent is directed not to harass the petitioner under the guise of enquiry and the parties shall be approach the appropriate Civil Court.

5. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rm To 1.The Superintendent of Police, District Crime Branch, Dharmapuri District.

2.The Inspector of Police, Thoppur Police Station, Dharmapuri District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.5781 of 2019 spd[co] srg 04/04/2019 https://hcservices.ecourts.gov.in/hcservices/