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Madras High CourtCRL OP(MD)/5114/2019disposed of

G.Rathini, v. The Commissioner Of Police,

2019-04-04Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.5114 of 2019 1.G.Rathini 2.G.Vijay ... Petitioners /Vs./ 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police [Crime], B-1, Vilakku Thoon Police Station, Madurai City, Madurai.

3.A.Balamurugan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to pass an order restraining the 2nd respondent from harassing the petitioners, regarding the partnership firm dispute between the petitioners and the third respondent.

For Petitioners : Mr.M.Saravanakumar For R-1 & R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to pass an order restraining the 2nd respondent from harassing the petitioners, regarding the partnership firm dispute between the petitioners and the third respondent.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor.

3. The learned counsel appearing for the petitioners submitted that the second respondent police is harassing the petitioners.

4. The learned Additional Public Prosecutor submitted that a complaint was preferred by the third respondent and the same is being enquired as current paper. He further submitted that summon was issued to both parties and petition enquiry was conducted and it was closed on 30.03.2019. He added that the respondent police have not harassed the petitioners and they have no intention to harass him.

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5. The statement of the learned Additional Public Prosecutor is recorded.

6. In such circumstances, if at all the respondent police requires the presence of the petitioners for enquiry / interrogation, they shall issue summons under Section 41 A Cr.P.C., mentioning specific date and time for enquiry and during enquiry, there shall not be harassment. Accordingly, this criminal original petition is disposed of Sd/- Assistant Registrar (cs-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police [Crime], B-1, Vilakku Thoon Police Station, Madurai City, Madurai.

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

+1cc to Mr.M.Saravanakumar, Advocate, SR.No.58788 Crl.O.P.(MD)No.5114 of 2019 04.04.2019 SP/29.04.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/