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Madras High CourtCRL OP/27987/2018disposed of

Periyasamy v. The Superintendent Of Police

2018-12-03Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2018

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.27987 of 2018 Periyasamy

...Petitioner

Versus

1. The Superintendent of Police, Namakkal District.

2. The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, District Crime Branch, Namakkal.

3. The Inspector of Police, District Crime Branch Police Station, Namakkal.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents not to harass the petitioner and his family members in the guise of enquiry without following due process of law. For Petitioner : Mr.N.Ponraj For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed by the petitioner seeking a direction to the respondent police not to harass the petitioner and his family members in the name of enquiry.

2. It seen from the records that there is a money dispute between the the petitioner and the defacto complainant. Based on the complaint given to the respondent police by the defacto complainant, the respondent police is calling the petitioner and his family members for an enquiry and harassing them.

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3. There shall be a direction to the respondent police to relegate the parties to the competent Civil Court, if the nature of dispute is civil in nature. The respondent police shall not harass the petitioner and his family members in the name of enquiry. The respondent police shall strictly follow the guidelines of the Hon'ble Supreme Court of India in Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353.

4. This Criminal Original Petition is disposed of with the above said direction.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar rli/kal To

1. The Superintendent of Police, Namakkal District.

2. The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, District Crime Branch, Namakkal.

3. The Inspector of Police, District Crime Branch Police Station, Namakkal.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.Ponraj, Advocate Sr.82819 CRL.O.P.No.27987 of 2018 srg 21/12/2018 https://hcservices.ecourts.gov.in/hcservices/