Madras High CourtCRL OP(MD)/10078/2017dismissed

D.Shiek Beer Moideen v. The State Of Tamilnadu

2018-07-24Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2018

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.10078 of 2017 D.Shiek Beer Moideen ... Petitioner -vs1.The State of Tamil Nadu rep. through its Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

3.Sekar, S/o.Not known, The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

...Respondents Nos.1 to 3

4.Govindarajan

...Respondent No.4/Defacto complainant

Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents Nos.1 & 2 not to harass the petitioner on the basis of the alleged complaint given by one Govindarajan, S/o.Late.Subramania Asaari dated not known. For Petitioner : Mr.P.M.Vishnuvarthanan, For R1 & R2 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side) For R3 : No appearance For R4 : Mr.S.Selvakumar

ORDER

This petition has been filed praying to direct the respondents Nos.1 & 2 not to harass the petitioner based on the complaint given by one Govindarajan, S/o.Late.Subramania Asaari. 2.The learned Government Advocate (Crl.side) appearing for the respondents 1 & 2, on instructions, would submit that the defacto complainant made a complaint to the respondent police and during the enquiry, the petitioner has voluntarily gave an undertaking that he will repay the amount. Therefore, the allegation of the petitioner https://hcservices.ecourts.gov.in/hcservices/

that the respondents have harassed the petitioner to pay the amount, is denied and it is false and there is no harassment. 3.In view of the voluntary statement given by the petitioner, it is for the parties concerned to approach the appropriate forum to redress their grievances.

4.In view of the submission made by the learned Government Advocate (Crl.side), this Criminal Original Petition is dismissed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

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

+1cc to M/S.S.R.Anbarasu, Advocate SR.No. 74972 CRL.O.P.(MD)No.10078 of 2017 24.07.2018 am JM/SKN RSK/SAR 3/07.08.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/