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Madras High CourtCRL OP(MD)/3073/2023closed

Karuppanan v. The Superintendent Of Police

2023-07-05Honourable Dr Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 05.07.2023

CORAM:

The Hon`ble Dr.Justice D.NAGARJUN Crl.O.P.(MD)No.3073 of 2023 Karuppanan ... Petitioner Vs 1.The Superintendent of Police Office of the Superintendent of Police, Dindigul District.

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

3.Arumugam ... Respondents Prayer: Petition filed under Section 482 of Cr.P.C., to issue a direction to the 2nd Respondent Police not to interfere the civil dispute between the Petitioner and the 3rd Respondent regarding the Award of Contract of Cycle, Scooter, Car Parking stand at Dindigul Railway Station, Southern Railway.

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For Petitioner : Mr.R.Udhayakumar For Respondents : Mr.B.Thanga Aravindh, - for R1 & R2 Government Advocate (Crl.side) Mr.V.Malaiyendran - for R3

ORDER

This Criminal Original Petition is filed by the petitioner for a direction to the respondent police not to interfere with the civil dispute between the petitioner and the third respondent.

2. It is a case where there are disputes pending between the petitioner and the third respondent in respect of money transaction. The third respondent stated to have filed a complaint before the criminal Court under Section 138 of Negotiable Instruments Act against the petitioner and same is pending.

3. The proceedings before the Court would also go to show that earlier the dispute between the parties was referred to the mediation for settlement and third respondent was present in the mediation, however the petitioner failed to attend. The learned Government Advocate 2/4

(Crl.side) submits that on account of referring the matter to mediation, they could not proceed with enquiry in the petition given by the third respondent.

5. Since the disputes between the parties is purely civil in nature in respect of a money transaction, basically police have no role to play. The learned Government Advocate gives an undertaking on behalf of respondent police that within a period of two weeks, police will complete the proceedings and close the petition filed by the third respondent. The same is recorded.

6. Accordingly, this Criminal Original Petition is closed by directing the parties to go to civil Court to redressal of their grievances in respect of money transaction.

05.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn 3/4

DR. D.NAGARJUN, J.

pnn To 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

2.The Inspector of Police District Crime Branch, Dindigul District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN Crl.O.P.(MD)No.3073 of 2023 Date: 05.07.2023 4/4