M.Ravichandran, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL OP(MD)No.10150 of 2017 M.Ravichandran : Petitioner Vs.

1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

3.Metha : Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to issue a direction, directing the 2nd respondent not to interfere the civil dispute between the petitioner and the 3rd respondent.

For Petitioner : Mr.R.Mathiyalagan For R-1 and R-2 : Mr.K.Anbarasan, Government Advocate(Crl.Side).

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O R D E R

This Criminal Original petition is filed seeking a direction to the second respondent not to interfere with the civil dispute between the petitioner and the third respondent.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal side) appearing for the respondents 1 and 2.

3. The learned counsel for the petitioner submitted that the petitioner's Company has business transaction with the third respondent who is the Proprietor of one Metha Industries from the year 2015. It is stated that the third respondent lodged a complaint before the second respondent with false averments, as if https://hcservices.ecourts.gov.in/hcservices/

the petitioner is required to pay a huge sum in connection with the business transaction. It is further stated that the second respondent issued summons to the petitioner. It is pointed out that though the summons were issued to the petitioner, no details of the complaint was given and that therefore, the learned counsel for the petitioner submitted that the ultimate intention of the respondents 2 and 3 is to harass the petitioner.

4. The learned Government Advocate(Criminal Side) however on instructions submitted that a complaint was given by the third respondent and that only in connection with the said complaint, the petitioner is called upon for enquiry.

5. Even if the petitioner and his family members are required for any enquiry, the respondent is directed to issue notice informing the petitioner about the nature of the complaint that has been lodged against the petitioner and the purpose of the enquiry. If the complaint lodged by the third respondent is purely civil in nature, the respondent shall direct the parties to approach the civil Court. In case, the complaint makes out of a cognizable offence, the same can be registered and further proceedings can go on.

6. With the above observation, the Criminal Original petition is closed.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

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

+One c to Mr.R.Mathiyalagan, Advocate, SR.No.70107 pmu RL/5C/2P/GT/SAR4/16/8/2017 CRL OP(MD)No.10150 of 2017 https://hcservices.ecourts.gov.in/hcservices/ .08.2017