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Madras High CourtCRL OP(MD)/2935/2021disposed of

K.N.Palanivelu v. The Superintendent Of Police

2021-02-24Honourable Mrs Justice R. Tharani2 pages

Crl.O.P.(MD)No.2935 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.THARANI Crl.O.P.(MD)No.2935 of 2021 K.N.Palanivelu

...Petitioner

/Vs./ 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, District Crime Branch, Thanjavur District.

3.Raman

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent not to harass the petitioner in the guise of enquiry and restraining the second respondent from interfering in the pure civil transaction dispute.

For Petitioner : Mr.D.R.Murugesan For R-1 & R-2 : Mr.A.Robinson Government Advocate

ORDER

The petitioner has filed this petition to direct the second respondent not to harass the petitioner in the guise of enquiry and to restrain the second respondent from interfering in the civil dispute.

2.On the side of the petitioner, it is stated that there is a civil dispute between the petitioner and the third respondent. The second respondent is interfering in the civil dispute and harassing the petitioner to execute a sale deed in favour of the third respondent.

Previously, the petitioner borrowed a sum of Rs.5,00,000/- from the third respondent and he repaid interest till June 2020. On the basis of the complaint of the third respondent, the second respondent issued a summon to the petitioner. Even though the petitioner and his son appeared before the second respondent and they have given their statements, the second respondent is harassing the petitioner and his family members and hence, the petitioner prayed this petition to be allowed. 3.On the side of the respondents, it is stated that the third respondent has paid Rs.20,60,000/- as advance to the petitioner for the purchase of a property, but the petitioner has failed to execute the sale deed and therefore, the third respondent lodged a https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2935 of 2021 complaint, which was registered in C.No.G3/16495/1686/2020 and the same is pending enquiry.

4.In view of the submissions made by both sides, this Court directs the petitioner to cooperate with the investigation and the enquiry and the respondents 1 and 2 are directed not to physically harass the petitioner, at the time of investigation. 5.With the above observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, District Crime Branch, Thanjavur District.

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

Crl.O.P.(MD)No.2935 of 2021 24.02.2021 ES(CO) KB(25.05.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2