N.S.Iyappan v. The Commissioner Of Police

Crl.O.P.(MD)No.2946 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.2946 of 2021 N.S.Iyappan

...Petitioner

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

2.The Assistant Commissioner (Crime), Tallakulam, Madurai City.

3.The Inspector of Police(Crime), Tallakulam Police Station, Madurai.

4.G.Radhakrishnan

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second and third respondents not to harass the petitioner and his family members under the guise of enquiry.

For Petitioner : Mr.R.Pon Karthikeyan For R-1 to R-3 : Mr.A.Robinson Government Advocate

ORDER

The petitioner has filed this petition to direct the second and third respondents not to harass the petitioner and his family members under the guise of enquiry.

2.On the side of the petitioner, it is stated that the petitioner borrowed a sum of Rs.25,000/- from the fourth respondent and repaid a sum of Rs.50,000/- with interest. Whereas, the fourth respondent demanded a sum of Rupees 2 1⁄2 lakhs from the petitioner. The second and third respondents compelled the petitioner to execute an agreement in favour of the fourth respondent and to repay the above said amount. Therefore, the petitioner prayed this petition to be allowed.

3.On the side of the respondents, it is stated that the petitioner borrowed a sum of Rupees 2 1⁄2 Lakhs from the fourth respondent for arranging a job. But, he failed to arrange a job and when the fourth respondent demanded back the money, the petitioner issued a cheque, which was returned as ''insufficient funds". Therefore, the petitioner has lodged a complaint before the third respondent and the same was taken on file in C.NO.263/PG/DCP/L&O/MC/21, dated 09.02.2021, which is pending enquiry.

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Crl.O.P.(MD)No.2946 of 2021 4.In view of the submissions made by both sides, this Court directs the petitioner to cooperate with the investigation, during enquiry and the respondents 1 to 3 are directed not to physically harass the petitioner, at the time of investigation. 5.With the observations, this Criminal Original Petition is disposed of.

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 Commissioner of Police, Madurai City.

2.The Assistant Commissioner (Crime), Tallakulam, Madurai City.

3.The Inspector of Police(Crime), Tallakulam Police Station, Madurai.

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

Crl.O.P.(MD)No.2946 of 2021 24.02.2021 MJ(CO) KB(16.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2