G.Shesan, v. The Commissioner Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.7750 of 2019 G.Shesan ... Petitioner/Aggrieved Person Vs.

1.The Commissioner of Police, Maduari City.

2.The Inspector of Police, Central Crime Branch (Unit No.II), Maduari City.

3.The Sub-Inspector of Police, Central Crime Branch (Unit No.II), Maduari City.

4.The Branch Manager, Oriental Bank of Commerce, Northveli Street Branch, Maduari City.

... Respondents/Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the respondents Nos.2 and 3 not to interfere into the loan transaction which are the subject matter before the DRT in O.A.No.95 of 2016 pursuant to the complaint given by the 4th respondent.

For Petitioner : Mr.R.Anand For Respondents : Mr.K.Suyambulinga Bharathi Govt. Advocate (Crl. Side) for R1 to R3

O R D E R

The learned Government Advocate (Crl. Side) appearing for the respondents 1 to 3 submitted that the fourth respondent has given a complaint and that the petitioner has only been called for an enquiry.

2.The third respondent is directed to conclude the enquiry within a period of two months from the date of receipt of a copy of this order. If at the end of the enquiry prima facie case and cognizable offence is made out, then the third respondent will register an FIR and take action in accordance with law. If no such prima facie case is made out, the enquiry should be closed. The petitioner's will not be summoned thereafter in the guise of holding of an enquiry into the complaint of the third respondent. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel for the petitioner states that at the instance of the fourth respondent the police are pressurizing the the petitioner to make the payment. This allegation is denied by the learned Government Advocate (Crl. Side). But then it must be observed that if the allegation as made by the petitioner is true, police cannot compel the petitioner to make any payment. 4.This Criminal Original Petition is ordered accordingly. sd/ Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar(CS ) To 1.The Commissioner of Police, Maduari City.

2.The Inspector of Police, Central Crime Branch (Unit No.II), Maduari City.

3.The Sub-Inspector of Police, Central Crime Branch (Unit No.II), Maduari City.

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

+1 CC to Mr.R.ANAND, Advocate ( SR-67520[F] dated 07/06/2019 ) Crl.O.P.(MD)No.7750 of 2019 07.06.2019 ias MK (25.06.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/