Madras High CourtCRL OP(MD)/532/2018disposed of

S.R.Mahendra Boopathy Raja v. The Commissioner Of Police

2018-01-11Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.02018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.OP.(MD) No.532 of 2018 S.R.Mahendra Boopathy Raja ... Petitioner Vs.

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

2.The Inspector of Police, Sellur Police Station, Madurai.

3.Karthick ... Respondents PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent not to harass the petitioner and his family members under the guise of enquiry based on the petitioner's representation dted 28.12.2017. For Petitioner : Mr. R.Niresh Kumar For Respondent Nos.1&2 : Mr. Prabu Ramachandran Government Advocate(Crl. Side) For Respondent No.3 : No Appearance *****

ORDER

This Criminal Original Petition has been filed to direct the second respondent not to harass the petitioner on the basis of the complaint given by the third respondent.

2.Heard the learned counsel for the petitioner and learned Government Advocate(Crl.side), appearing for the respondent Nos.1 and 2.

3. The learned counsel for the petitioner has submitted that the third respondent has purchased a bus bearing registration number TN 02 AY 6661 from the petitioner for Rs.12,00,000/-(Twelve Lakhs only) and he has paid a sum of Rs.5,00,000/-(Five Lakhs only) on 22.05.2017. Further he submitted that for balance amount, the third respondent gave a cheque to the petitioner. When the said cheque was presented for enhancement, the same was returned for the reason that the signature of the third respondent differs. He further submitted that when the petitioner demanded to pay the said amount, the third respondent gave a false complaint before the second respondent and based on that https://hcservices.ecourts.gov.in/hcservices/

complaint, the second respondent is harassing the petitioner.

4. The learned Government Advocate (Crl. Side) has submitted that based on the complaint given by the third respondent, an enquiry has been commenced, but the petitioner has not been subjected to any harassment. He further submitted that the dispute is with regard to the agreement entered between the parties and it appears that it is Civil nature.

5. Considering the aforesaid submissions, the second respondent is directed to complete the enquiry at early without harassing the petitioner and if the enquiry reveals any cognizable offence, the second respondent has to register a case and proceed in accordance with law.

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

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Sellur Police Station, Madurai.

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

+1cc to Mr.R.NIRESH KUMAR,Advocate,SR. 41806 CRL.OP.(MD) No.532 of 2018 11.01.2018 PNN/GSP KK/KKR/SAR 1/25.01.2018/ 2P- 5C/ https://hcservices.ecourts.gov.in/hcservices/