Madras High CourtCRL OP/12658/2024disposed of

Thoufeeq Maitheen Basha v. State Rep By

2024-05-24Honourable Mr Justice C. Saravanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.05.2024

CORAM:

THE HONOURABLE MR. JUSTICE C. SARAVANAN Thoufeeq Maitheen Basha .. Petitioner

Versus

1.The State by Inspector of Police Erode North Police Station (V.Chathram) Erode - 638 004 2.Ahoke 3.Sabana 4.Senthil 5.Suhail 6.Ismail 7.Sabrama .. Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 1st respondent not to harass the petitioner herein regarding the case or in any manner in future. For Petitioner : M/s.Sundaravalli For Respondent : Mr.S.Vinoth Kumar for R1 Government Advocate (Crl.Side)

ORDER

This petition has been filed seeking direction to the 1st respondent not to harass the petitioner herein regarding the case or in any manner in future.

2.Heard both sides and perused the materials placed on record.

3. It appears that there is a civil dispute between the petitioner and the private respondents. The private respondents filed a complaint before the first respondent which has not even acknowledged by the first respondent. Further allegations of the petitioner is that the first respondent along with the 7th respondent are frequently visiting the house of the petitioner, even though the petitioner is making efforts to liquidate the liability to the respondents. It is further submitted that in all a sum of Rs.4,84,000/-, the petitioner has paid a sum of Rs.2,38,000/-. It is further submitted that the private respondent have already seized two motor cycles and passport of the petitioner and the petitioner's father.

4. Prima facie, this Court is of the view that the petitioner has made

out a case not to harass as the dispute the petitioner and the private respondents is civil in nature. Hence, there shall be a directions to the first respondent not to harass the petitioner. However, liberty is granted to the first respondent to act on the complaint of the private respondents and register a case against the petitioner, if any case is made out.

5. With the above directions, this petition stands disposed of. 24.05.2024 dhk Internet:Yes Index:Yes/No Speaking/Non speaking order To 1.Inspector of Police The State Erode North Police Station (V.Chathram) Erode - 638 004 2.The Public Prosecutor, High Court, Madras.

C. SARAVANAN, J dhk 24.05.2024