Raju v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

1. Raju

2. Anusuya ... Petitioners Vs.

1. The Commissioner of Police, Office of the Commissioner of Police, Salem District.

2. The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Salem District.

3. State rep by the Inspector of Police, Shevapet Police Station, Salem City, Salem District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to issue direction to the respondent police not to harass the petitioners under the guise of enquiry on a complaint of A.Chandra, Wife of Dr.K.P.Arthanarisamy, S.G.S Illam, Sengalpatty 4th Street, Karungal Patty, Salem 636 006.

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For Petitioners : Mr.B.Vasudevan For Respondents : Mr. S. Udaya Kumar, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed seeking direction to the police to recover the time bar debt been taken up for investigation by police, the petitioner been summoned to appear for enquiry stating that the said action of the respondent police amounts to harassment, the present petition is filed.

2. The learned Government Advocate (Crl.Side) appearing for the respondent after getting instructions from the Investigating Officer submits that one A.Chandra aged about 75 years, W/o Late K.P.Arthanarisamy, Former MP, has given a complaint stating that the first petitioner has borrowed money from the husband of the complainant and executed promissory note, but when she asked for the return of money after the demise of her husband, she has been threatened. In this connection, the respondent police wants to enquire the petitioner herein. 2/4

3. This Court finds that the very intention of the police to enquire into a case which clearly a civil dispute and time bar debt s not appropriate. Hence, the respondent police is directed not to summon the petitioners herein or call them for enquiry in connection with the complaint given by Chandra for recovery of time bar debt.

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

12.07.2024 Vv To

1. The Commissioner of Police, Office of the Commissioner of Police, Salem District.

2. The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Salem District.

3. The Inspector of Police, Shevapet Police Station, Salem City, Salem District.

4.The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN,J.

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