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Madras High CourtCRL OP(MD)/3071/2021disposed of

Ananthi v. The Commissioner Of Police

2021-02-26Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.3071 of 2021 Ananthi ... Petitioner Vs.

1.The Commissioner of Police, O/o.The Commissioner of Police, Madurai City.

2.The Assistant Commissioner of Police, O/o.The Assistant Commissioner of Police, Thallakulam, Madurai.

3.The Inspector of Police, O/o.The Inspector of Police, Thallakulam Police Station, Madurai.

4.Pradeep 5.Santha ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the third respondent not to harass the petitioner under the guise of an enquiry. For Petitioner : Mr.S.M.A.Jinnah For R1 to R3 : Mr.A.Robinson Government Advocate (Criminal Side)

ORDER

The present petition is filed seeking for a direction to the third respondent not to harass the petitioner under the guise of an enquiry.

2.The learned counsel appearing for the petitioner contended that the petitioner borrowed money from the fifth respondent and that at the instigation of the fifth respondent, the third respondent is harassing the petitioner by asking her to settle the entire amount due to the fifth respondent.

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3.Mr.A.Robinson, learned Government Advocate (Criminal side), who accepts notice on behalf of the respondents 1 to 3, on instructions, would contend that the fifth respondent lodged a complaint against the present petitioner stating that the petitioner did not repay the amount obtained from him and that the said complaint was registered in CSR.No.158 of 2021 and posted for enquiry.

4.Admittedly, the matter in dispute between the petitioner and the fifth respondent is purely a money transaction and therefore, the third respondent is directed to dispose of CSR.No.158 of 2021 based on merits and on findings within a period of one week from the date of receipt of a copy of this order/uploading of the order and in the meanwhile, the third respondent is also directed not to harass the petitioner based on the complaint lodged by the fifth respondent, if there is no cognizable offence. 5.With the aforesaid direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(AS) // True Copy // / /2021 Sub Assistant Registrar(CS) rmk 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, O/o.The Commissioner of Police, Madurai City.

2.The Assistant Commissioner of Police, O/o.The Assistant Commissioner of Police, Thallakulam, Madurai.

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3.The Inspector of Police, O/o.The Inspector of Police, Thallakulam Police Station, Madurai.

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

26.02.2021 NSM(CO) TR(22.03.2021) 3P 5C 3/3