Madras High CourtCRL OP(MD)/2761/2018disposed of

R. Seetha Priya, W/O.Ramkumar, v. The Deputy Commissioner Of

2018-03-08Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.2761 of 2018 1.R.Seetha Priya 2.N.Ramkumar ... Petitioners -vs1.The Deputy Commissioner of Police, Madurai City.

2.The Assistant Commissioner of Police, Anna Nagar Sub-Division, Madurai City.

3.The Inspector of Police, Anna Nagar Police Station, Madurai City.

4.Meiyammai ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second and third respondent police not to harass the petitioners based on the complaint of the 4th respondent.

For Petitioners : Mr.J.Vijaya Raja For RR 1 to 3 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the respondents 2 and 3 not to harass the petitioners under the guise of enquiry based on the complaint given by the 4th respondent. 2.Heard Mr.J.Vijaya Raja, learned counsel appearing for the petitioners and Mr.A.P.G.Ohm Chairma Prabhu learned Government Advocate (Crl.Side) appearing for the respondents 1 to 3. 3.The learned counsel appearing for the petitioners has submitted that the second petitioner has borrowed a sum of Rs.3,50,000/- from the 4th respondent in the year 2011-2012 and thereafter, he has paid the aforesaid amount. He has further submitted that subsequently, the 4th respondent has obtained https://hcservices.ecourts.gov.in/hcservices/

signature of the petitioners in blank papers and also blank cheques and that being so, the 4th respondent gave a false complaint before the 3rd respondent against the petitioners herein and based on that the 3rd respondent is harassing the petitioners. 4.The learned Government Advocate (Crl.Side) appearing for the respondents 1 to 3 has submitted that 4th respondent has lodged a complaint against the petitioners herein and the same is still pending for enquiry.

5.Considering the aforesaid submissions, the third respondent is directed to expedite enquiry and if the enquiry reveals any cognizable offence, then he has to register a case and proceed further in accordance with law. Instead of doing so, he should not unnecessarily harass the petitioners. If the enquiry reveals that dispute is civil in nature, then he has to direct the parties to approach the concerned civil court and workout their remedy in accordance with law.

6.With the aforesaid observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Deputy Commissioner of Police, Madurai City.

2.The Assistant Commissioner of Police, Anna Nagar Sub-Division, Madurai City.

3.The Inspector of Police, Anna Nagar Police Station, Madurai City.

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

+1CC to Mr.J.Vijayaraja, Advocate, SR.No. 54567 CRL.O.P.(MD)No.2761 of 2018 08.03.2018 das AM/KKR/SAR 4/03.04.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/