Madras High CourtCRL OP(MD)/16330/2018disposed of

B.Kavimani v. The Commissioner Of Police

2018-09-17Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.16330 of 2018 B.Kavimani

...Petitioner

Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Sellur Law and Order Police Station, Madurai City.

...Respondents

PRAYER:- Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents and their men not to harass the petitioner and his family members in the guise of enquiry by interfering into the civil and contractual disputes. For Petitioner : Mr.A.Kannan For Respondents: Mr.K.Suyambulinga Bharathi, Government Advocate (crl side)

ORDER

This petition has been filed for a direction to the respondent not to harass the petitioner and his family members. 2.The learned Counsel for the petitioner would submit that the complaint in question is purely a civil dispute and the respondent Police is harassing the petitioner and his family members. 3.The learned Counsel for the petitioner further submitted that he has appeared before the second respondent many times and brought to his notice that the dispute is civil in nature. Despite the same, he is made to appear frequently and he is forced to return the distribution agreements.

4.The dispute seems to be civil in nature. If the respondent Police in the course of enquiry finds any cognizable offence is made out, they should register an FIR and they cannot continuously keep on calling the petitioner for enquiry.

https://hcservices.ecourts.gov.in/hcservices/

5.In the facts and circumstances of the case, the respondent Police is directed to take a decision immediately and if in case, the respondent Police finds that the matter is civil in nature, the parties should be relegated before the Civil Court to agitate their grievances.

6.The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS-III) To

1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, Sellur Law and Order Police Station, Madurai City.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO MR.A.KANNAN, ADVOCATE IN SR NO.84609 DSK BU/RP/SAR-III : 10.10.2018 : 2P/5C Crl.O.P.(MD)No.16330 of 2018 17.09.2018 https://hcservices.ecourts.gov.in/hcservices/