Jayachandran v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :29.11.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.27679 of 2018 Jayachandran

...Petitioner

Versus

1.The Commissioner of Police, Chennai City Police, Vepery, Chennai - 600 007.

2.The Inspector of Police, Law and Order, G-1, Vepery Police Station, Chennai.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents not to harass the petitioner under the guise of enquiry. For Petitioner : Mr.D.Gopi Krishnan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor *****

O R D E R

The learned counsel for the petitioner would submit that there is a money dispute between the parties and the respondent police is pressuring the petitioner to settle the amount, failing which, an FIR will be registered and the petitioner will be arrested. The present petition has been filed for the direction not to harass the petitioner.

2. The learned counsel appearing for the defacto complainant would submit that the complaint has been given by the defacto complainant viz., Vijaya and CSR is pending before the second respondent police.

3. In the facts and circumstances of the case, the second respondent is directed to enquire the matter and if the https://hcservices.ecourts.gov.in/hcservices/

second respondent finds that the matter is purely Civil in nature, shall relegate the parties to approach the appropriate Civil Court. It is made clear that the second respondent police shall not harass the petitioner in the name of enquiry and he shall strictly abide by the guidelines given in Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353.

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

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar ub/ssr To 1.The Commissioner of Police, Chennai City Police, Vepery, Chennai - 600 007.

2.The Inspector of Police, Law and Order, G-1, Vepery Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.Gopi Krishnan, Advocate sr.no.82056 Crl.O.P.No.27679 of 2018 nr 12/12/2018 https://hcservices.ecourts.gov.in/hcservices/