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Madras High CourtCRL OP/17337/2024disposed of

M.Viswanathan v. Inspector Of Police,

2024-07-23Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN M.Viswanathan ... Petitioner Vs.

The Inspector of Police, District Crime Branch, Vellore District, Vellore.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the respondent not to harass the petitioner.

For Petitioner : Mr.V.Balamuugan For Respondent : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

The petitioner herein been summoned by the respondent police to participate in the enquiry on the complaint given by one Udayakumar. The petitioner has appeared before the respondent police on 06.07.2024 and he was asked to come again on 22.07.2024. He has not turned up for enquiry, but has filed this petition alleging that when he appeared before 1/4

the respondent police on 06.07.2024 in response to the summon he was harassed by the respondent police and was forced to settle the money to the complainant.

2.

According to the learned counsel appearing for the petitioner, the petitioner only acted as a mediator and bills were raised for the fast moving of consumer goods by the complainant in the name of the local traders from whom the goods were supplied. In fact M/s.Lakshmi Narayanan agency which sold the goods is a proprietary concern owned by Kanmani W/o.Udayakumar, whereas, the complaint has not been given by Kanmani, but given by her husband only to harass the petitioner.

3.

The learned Government Advocate (Crl.Side) appearing for the respondent police submits that the petitioner earlier agreed in writing to settle the due on or before 31.12.2024 admitting liability. 4.

Considering the rival submissions, this Court is of the opinion that the respondent shall not involve in the civil dispute, if the transaction is purely in connection with goods sold, delivered and 2/4

consideration not paid. Unless and until there is any material available prima facie conclude that there is a commission of cognizable offence, the respondent police shall not interfere in civil dispute. 5.

With this observation, this Criminal Original Petition is disposed of.

23.07.2024 Index : Yes/No rpl To 1.The Inspector of Police, District Crime Branch, Vellore District, Vellore.

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

Dr.G.JAYACHANDRAN,J.

rpl 3/4

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