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Madras High CourtCRL OP(MD)/3065/2023dismissed as infructuous

M.Tulasimani v. The Commissioner Of Police

2023-02-20Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN M.Tulasimani ... Petitioner Vs.

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

2.The Inspector of Police, Avaniyapuram Police Statin, Madurai.

3.K.Chokkar ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the second respondent not to harass the petitioner in the guise of enquiry, in pursuance of the complaint of the third respondent taken in, on the file of the second respondent Police. For Petitioner : Mr.P.Maduraiveeran, For R1 and R2 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

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ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to direct the second respondent not to harass the petitioner in the guise of enquiry, in pursuance of the complaint of the third respondent taken in, on the file of the second respondent Police.

2. The learned Additional Public Prosecutor appearing for the State would submit that on the basis of the compliant given by one Chokkar, who is the third respondent herein, enquiry was undertaken in CSR.No.1311 of 2022, against the petitioner and during the course of enquiry, it was found that there existed money transaction dispute between the petitioner and one Sakthivel/deceased. In the enquiry, the petitioner has agreed to bring the relatives of the deceased for enquiry. On 17.12.2022, the petitioner did not appear for enquiry and hence, the third respondent agreed to resolve their dispute through the Civil Court, hence the complaint was closed.

3. Since the complaint has been closed as the parties agreed to resolve the dispute through the Civil Court, the prayer sought for by the petitioner has become infructuous.

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4. In view of the above, the Criminal Original Petition is dismissed as infructuous.

20.02.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No das To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Avaniyapuram Police Station, Madurai.

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

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G.ILANGOVAN ,J.

das Order made in Dated: 20.02.2023 4/4