Madras High CourtCRL OP(MD)/3674/2018disposed of

Raji Muthukumar v. The Superintendent Of Police

2018-03-21Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.3674 of 2018 Rajimuthukumar ... Petitioner -vs1.The Superintendent of Police, Sivaganga District.

2.The Sub Inspector of Police, Karaikudi Town Police Station, Karaikudi, Sivagangai District.

3.S.Murugarani ... Respondents 1 to 3 Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents not to harass the petitioner and their family members.

For Petitioner : Mr.C.S.Ravichandran For R1 and R-2 : Mr.Prabu Ramachandran Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the respondents not to harass the petitioner under the guise of enquiry. 2.The learned counsel for the petitioner has submitted that the petitioner has borrowed a sum of Rs.50,000/- from the third respondent and at that time the third respondent's husband has obtained three promissory notes for collateral purpose. Subsequently, the petitioner has repaid the amount and requested the third respondent to return the promissory notes. But, the third respondent's husband demanded exorbitant interest for the aforesaid loan amount and also refused to return the promissory notes. He further submitted that the fact remains so, the third respondent gave a false complaint against the petitioner and based on the said complaint the second respondent is harassing the petitioner. 3.The learned Government Advocate (Criminal Side) has submitted that the petitioner has received five sovereigns of gold jewels from the third respondent and thereafter, she refused to return the same https://hcservices.ecourts.gov.in/hcservices/

and hence, the complaint has been lodged against her and only for enquiry purpose she was called and she was not subjected to any harassment.

4.Considering the aforesaid submissions, the second respondent is directed to expedite the enquiry and if the enquiry reveals any cognizable offence, then he has to register a case and proceed further in accordance with law and instead of doing so, he should not unnecessarily harass the petitioner.

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

Sd/- Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivaganga District.

2.The Sub Inspector of Police, Karaikudi Town Police Station, Karaikudi, Sivagangai District.

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

CRL.O.P.(MD)No.3674 of 2018 21.03.2018 Ls MS/SKN-RSK/SAR-1/22.03.2018/2P.4C https://hcservices.ecourts.gov.in/hcservices/