Madras High CourtCRL OP(MD)/3972/2020disposed of

Manickavel v. The Superintendent Of Police

2020-03-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.3972 of 2020 ABEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.3972 of 2020 Manickavel ... Petitioner Vs 1.The Superintendent of Police, Sivagangai District, Sivagangai.

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

... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second respondent herein not to harass the petitioner in any manner except due process of law.

For Petitioner : Mr.P.Venkata Subramanian For R1 & R2 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioner alleges harassment at the hands of the respondents herein. In order to forbear them from doing so, this criminal original petition has been filed.

2.When the matter was taken up for hearing, the learned Government Advocate (crl.side) submitted that a complaint of charging exorbitant interest has been received against the petitioner and that the police have issued CSR and are holding an enquiry.

3.The petitioner's counsel would contend that the petitioner had lent a sum of money to the complainant and that, the cheque issued by the complainant has been dishonoured and that the petitioner had filed C.C.No.130 of 2019 on the file of the Fast Track Court, Karaikudi under Section 138 of the Negotiable Instruments Act.

4.The petitioner's counsel would contend that in order to force the petitioner to withdraw the said private complaint, the https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.3972 of 2020 complaint on hand has been given.

5.I cannot direct the respondents not to enquire the complaint given by Fathima Kani. At the same time, I cannot lose sight of the fact that the petitioner had already filed a private complaint against the said Fathima Kani and it is still pending. Therefore, to balance the interests of both the parties, I direct the respondents to issue written summon to the petitioner, if they want to enquire the petitioner. If the respondents register any FIR against the petitioner herein, the respondents will notify the petitioner about the same, so that, the petitioner will have adequate breathing time to move this Court for the relief of anticipatory bail.

6.With this direction, this criminal original petition is disposed of.

Sd/- ASSISTANT REGISTRAR() TRUE COPY / /2020 SUB ASSISTANT REGISTRAR(CS) rmi To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

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

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

Crl.O.P(MD)No.3972 of 2020 03.03.2020 MKB(13.03.2020)/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/4