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Madras High CourtCRL OP(MD)/2845/2021closed

R.Satham Hussain v. The Superintendent Of Police

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

Crl.O.P.(MD)No.2845 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.2845 of 2021 R.Satham Hussain

...Petitioner

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

2.The State represented by The Inspector of Police, Melur Police Station, Melur, Madurai District.

3.Mohamed Syed Ibrahim

...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 on the basis of the alleged complaint given by the third respondent dated not known.

For Petitioner : Mr.J.Balameenakshi 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 on the basis of the alleged complaint given by the third respondent.

2.On the side of the petitioner, it is stated that the third respondent and the petitioner were friends and they started a marketing business. Both of them invested some money in the business. Since third respondent did not want to continue the business, he demanded the petitioner to return back his share. Subsequently, the third respondent filed a complaint before the respondent police and the respondent police threatened the petitioner and obtained a cheque from the petitioner. No legal notice was issued by the third respondent. The respondent police is threatening and harassing the petitioner and hence, the petitioner prayed this petition to be allowed.

3.On the side of the respondents, it is stated that the petitioner has borrowed a sum of Rs.1,50,000/- from the third respondent and failed to repay the same. Therefore, the third respondent lodged a complaint and the same was registered in CSR No.139 of 2021 dated 22.02.2021 and the same is pending enquiry. 4.In view of the submissions made by both sides, this Court https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2845 of 2021 directs the petitioner to cooperate with the investigation and the respondents 1 and 2 are directed not to physically harass the petitioner, at the time of investigation.

5.With the observations, this Criminal Original Petition is closed.

Sd/- Assistant Registrar (CS-I) // 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, Madurai District, Madurai.

2.The Inspector of Police, Melur Police Station, Melur, Madurai District.

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

+1 CC to M/s.J.BALAMEENAKSHI, Advocate ( SR-7663[F] dated 26/02/2021 ) Crl.O.P.(MD)No.2845 of 2021 24.02.2021 MJ(CO) KB(16.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2