G.Mahalakshmi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.10.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P No.24984 of 2022 G.Mahalakshmi ... Petitioner Vs.

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

2. The Deputy Superintendent of Police, District Crime Branch, Perambalur District.

3. State rep. by the Inspector of Police, District Crime Branch, Perambalur District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondents not to harass the petitioner inview of the complaint pending against the petitioner in Crime Number not known of 2022 on the file of the third respondent police. For Petitioner : Mr.P.K.Ganesh For Respondents : Mr.S.Santhosh, 1/5

Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondents not to harass the petitioner inview of the complaint pending against the petitioner in Crime Number not known of 2022 on the file of the third respondent police.

2. The learned counsel for the petitioner submitted that the petitioner is a partner of M/s Mahalakshmi Transport and there exists a money dispute between the petitioner's company and M/s Sailesh Agency. He further submitted that, the issues between the parties are purely civil in nature, however, under the pretext of enquiry, the respondent police is harassing the petitioner.

3. The learned Government Advocate (Crl.Side) appearing for the respondents submitted that, one Karunakaran gave a complaint against the petitioner and the petitioner also gave a complaint against the afore said Karunakaran. He further submitted that both the complaints were assigned 2/5

as current paper number and are pending for enquiry on the file of the third respondent.

4. Considering the facts and circumstances, both the parties are directed to co-operate with the police for enquiry and at the time of conducting of the enquiry, the parties shall not be harassed by the police. Further, during the course of enquiry, if any cognizable offence is made out, the respondent police is free to register an FIR and this order shall not be a shield for the petitioner against the respondent police proceeding to take action in accordance with law.

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

14.10.2022 Index: Yes/No mst 3/5

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

2. The Deputy Superintendent of Police, District Crime Branch, Perambalur District.

3. The Inspector of Police, District Crime Branch, Perambalur District.

4. The Public Prosecutor, Madras High Court.

4/5

V.SIVAGNANAM, J.

mst CRL.O.P No.24984 of 2022 14.10.2022 5/5