Madras High CourtCRL OP(MD)/2895/2018disposed of

C.M.S. Balasubramanian v. The Assistant Commissioner

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.OP.(MD) No.2895 of 2018 C.M.S.Balasubramanian ... Petitioner Vs.

1.Assistant Commissioner of Police, Central Crime Branch, Madurai City Police, Madurai-625 001.

2.The Sub-Inspector of Police, Central Crime Bureau, Madurai City Police, Madurai-625 001.

3.V.Raguraman

...Respondents

PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the first and second respondents/Police not to harass the petitioner and not to interfere in the civil dispute.

For Petitioner : Mr.T.K.Gopalan For R1 and R2 : Mr.Prabu Ramachandran Government Advocate (Crl. Side)

ORDER

This petition has been filed by the petitioner to direct the respondents 1 and 2 not to harass the petitioner and not to interfere in the civil dispute.

2.The learned counsel for the petitioner has submitted that the petitioner herein and the third respondent have entered into an agreement for constructing the cold storage. He further submitted that the third respondent without completing his work, demanded Rs.1,05,15,000/- and also gave a false complaint before the first respondent and the same was forwarded to the second respondent and based on that the second respondent is harassing the petitioner and compelling the petitioner to pay the aforesaid amount. He further submitted that the above dispute is purely civil in nature in which the police cannot interfere.

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3.The learned Government Advocate(Crl.side) has submitted that the third respondent has filed a private complaint before the learned Judicial Magistrate No.I, Madurai, which was taken on file in Crl.M.P.No.516 of 2016 and the same has been forwarded to the second respondent under Section 156(3) Cr.P.C directing the second respondent to register a case and hence, the case will be registered shortly and further action will be taken.

4.The learned counsel for the petitioner by way of reply has submitted that the second respondent may be directed to receive the documents which are to be filed by the petitioner herein and consider the same also during investigation.

5.Considering the aforesaid submissions, the second respondent is directed to receive the documents, if any, produced by the petitioner during investigation and consider at the time of filing final report.

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

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1.Assistant Commissioner of Police, Central Crime Branch, Madurai City Police, Madurai-625 001.

2.The Sub-Inspector of Police, Central Crime Bureau, Madurai City Police, Madurai-625 001.

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

+1cc to M/S.T.K.Gopalan, Advocate SR.No. 54609 CRL.OP.(MD) No.2895 of 2018 08.03.2018 cp JM/SKN RSK/SAR 1/03.04.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/