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Madras High CourtCRL OP(MD)/1217/2024disposed of

B.Balavisakan v. The Commissioner Of Police

2024-01-30Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2024

CORAM:

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP B.Balavisakan ... Petitioner Vs.

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

2.The State represented by, The Inspector of Police, South Gate Police Station, Madurai.

3.Shyam Prasad

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the second Respondent, the Inspector of Police, South Gate Police Station, Madurai, not to harass the Petitioner under the guise of enquiry, based on the Petitioner's representation dated 11.01.2024. For Petitioner : Mr.B.Senthil Kumar For R-1 and R-2 : Mr.T.Senthil Kumar Additional Public Prosecutor For R-3 : Mr.S.M.A.Jinnah 1/4

ORDER

This Criminal Original Petition has been filed seeking direction against the Respondent Police not to harass the Petitioner by summoning him at odd hours.

2. The learned Counsel for the Petitioner submitted that the third Respondent preferred a complaint with the second Respondent regarding money dispute between the Petitioner and the third Respondent without any documentary evidence. Under the guise of an enquiry, the second Respondent summoned the Petitioner at odd hours to attend the enquiry. Aggrieved over the same, the present petition is filed.

3. The learned Counsel for the third Respondent is also present before this Court.

4. The learned Additional Public Prosecutor by way of reply submitted that he had received complaint from the third Respondent and CSR was registered in CSR Registration No.9 of 2024. Since the dispute is with regard to 2/4

money dispute, after conducting enquiry, the second Respondent will follow the circular of Director General of Police, Tamil Nadu, Chennai, in Rc.007301/Genl.I(1)/2019, dated 09.04.2019 and Additional Director General of Police in C.No.18/ADGP/L&O/Camp/2024.

5. Recording the submission of the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of. 30.01.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, South Gate Police Station, Madurai.

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

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SATHI KUMAR SUKUMARA KURUP , J.

Nsr 30.01.2024 4/4