M.Aswin v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL OP(MD)No.11142 of 2017 1.M.Aswin 2.M.Rakesh : Petitioners Vs.

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

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

3.Viknesh : Respondents PRAYER: Criminal Original Petition is filed to direct the second respondent not to harass the petitioners in the guise of enquiry by the respondent Police.

For Petitioner : Mr.M.Kannan For Respondent no.1 : Mr.K.Anbarasan, Government Advocate(Crl.Side).

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O R D E R

This Criminal Original Petition is filed to direct the second respondent not to harass the petitioners under the guise of enquiry.

2. It is stated by the petitioners that the petitioners are running a garment shop and received goods from the third respondent to the value of Rs.25,55,000/-. It is further stated that by the petitioners that due to the sub standard quality of the goods, the third petitioner agreed to pay only a sum of Rs.20,00,000/- and that the third respondent also received money in full satisfaction of his claim towards the value of goods supplied by him. However, the learned counsel appearing for the petitioners further stated that the third respondent ignoring the settlement earlier, entered into the petitioner's shop and tried to attack the petitioners. It is only on account of the conduct of the third respondent, a complaint was stated to have been filed by the petitioners against the third respondent. However, the petitioners have approached this Court seeking for a direction directing the second respondent not to harass the petitioners under the guise of enquiry.

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3. The learned Government Advocate (Crl. Side) on instructions submitted that there was no harassment and that the petitioners were called upon for enquiry only in connection with the complaint given by the them against the third respondent.

4. This Court does not find any justification in this petition. Having regard to the complaint as against the third respondent, the respondents 1 and 2 cannot be blamed for holding enquiry. Hence, the Criminal Original Petition is dismissed for lack of bonafides.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai City, Madurai.

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

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

trp MAS/MR-KKR/SAR2:12.09.2017:2P-4C CRL OP(MD)No.11142 of 2017 30.08.2017 https://hcservices.ecourts.gov.in/hcservices/