A.R.Prabhakar v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.13273 of 2019 and W.M.P.No.13377 of 2019 A.R.Prabhakar ... Petitioner Vs.

1. The Commissioner of Police, No.132, EVK Sampath Road, Vepery, Chennai - 600 007.

2. The Inspector of Police, Central Crime Branch, EDF-II, Team - IX (A) No.132, EVK Sampath Road, Vepery, Chennai - 600 007.

3. Kotla Apparao ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first and second respondents from interfering the civil dispute in respect of the partnership firm M/s.Sri Prasanna Venkateswara Ice Factory in view of the existence of the arbitration clause. For Petitioner : Mr.P.V.Balasubramaniam For Respondents: Mr.Mohamed Riyaz, for R1 & R2 Additional Public Prosecutor.

Mr.S.Siva Shanmugam, for R3

O R D E R

This writ petition has been filed seeking for a direction to direct the first and second respondents from interfering the civil dispute in respect of the partnership firm M/s.Sri Prasanna Venkateswara Ice Factory in view of the existence of the arbitration clause.

2.It is seen that the third respondent lodged a complaint in respect of the dispute between the petitioner and third https://hcservices.ecourts.gov.in/hcservices/

respondent with regard to the partnership firm. The complaint is pending on the file of second respondent. Therefore, the second respondent is directed to conduct enquiry with the petitioner and the third respondent, after giving opportunity of personal hearing to the parties concerned, within a period of four weeks from the date of receipt of a copy of this order and pass orders on merits and in accordance with law. 3.In the meanwhile, the second respondent is also directed not to harass the petitioner on the guise of enquiry. It is also made clear that the second respondent after issuance of proper summons proceed with the enquiry.

4.With the above direction, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar AT To

1. The Commissioner of Police, No.132, EVK Sampath Road, Vepery, Chennai - 600 007.

2. The Inspector of Police, Central Crime Branch, EDF-II, Team - IX (A) No.132, EVK Sampath Road, Vepery, Chennai - 600 007.

3. The Public Prosecutor High Court, Madras.

W.P.No.13273 of 2019 PA(CO) CS/27/06/2019 https://hcservices.ecourts.gov.in/hcservices/