V.Uma Mageswari v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN V.Uma Mageswari ... Petitioner Vs.

1. The Commissioner of Police, Vepery, Chennai.

2. The State Rep.by The Inspector of Police, K2, Aynavaram Police Station, Chennai - 600 053.

3. H.Shakeela ... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the second respondent not to harass the petitioner without due process of law.

For Petitioner : Mr.P.Venugopal For Respondents : Mr.S.Sugendran Additional Public Prosecutor 1/4

O R D E R

This Criminal Original Petition is filed to direct the second respondent/Police not to harass the petitioner.

2. The learned counsel appearing for the petitioner states that it is purely a money dispute regarding repayment of loan amount in which the police is unnecessarily interfering and trying to give criminal colour.

3. Learned Additional Public Prosecutor appearing for the State submitted that based on the complaint given by the third respondent herein, the petitioner was called for enquiry.

4. Time and again this Court has warned the police not to interfere with the civil dispute. However, when there is a complaint alleging commission of cognizable offence, police is bound to enquire the matter and decide in accordance with law. For which, the petitioner/accused is bound to appear before the Investigating Officer and co-operate with the enquiry.

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5.

In the said circumstances, it is suffice to direct the petitioner to appear before the Investigating Officer on receipt of summons and cooperate with the enquiry. Accordingly, this Criminal Original Petition is dismissed.

18.11.2024 Index : Yes/No Speaking Order : Yes/No ms To

1. The Commissioner of Police, Vepery, Chennai.

2. The State Rep.by The Inspector of Police, K2, Aynavaram Police Station, Chennai - 600 053.

3.The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 18.11.2024 4/4