Madras High CourtCRL OP(MD)/4018/2020disposed of

Muralidharan v. The Superintendent Of Police

2020-03-04Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.4018 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2020 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.4018 of 2020 Muralidharan ... Petitioner Vs.

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

2.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

... Respondents 3.Mohamed Rafik ... Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct 1st and 2nd respondents not to harass the petitioner under the guise of enquiry based on the representation of the petitioner dated 20.01.2020.

For Petitioner : Mr.R.Murugan For Respondents : Mr.A.Robinson Govt. Advocate (Crl. Side) for R1 & R2

O R D E R

Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 1 and 2. 2.The petitioner alleges harassment at the hands of the respondents 1 and 2.

3.The learned Government Advocate (Crl. Side) submitted that the third respondent herein had given a complaint against the petitioner and that based on the undertaking given by the petitioner, the matter has been closed.

4.I went through the the original records. It is seen that there was some kind of financial transactions between the petitioner and the third respondent. While the petitioner would state that it https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.4018 of 2020 was the business transaction, the third respondent would claim that the petitioner had borrowed. I am not inclined to go into the correctness of the rival claims. It appears to be essentially civil in nature. Therefore, the respondents 1 and 2 are directed not to harass the petitioner in the guise of enquiry at the instance of the third respondent. If at all the second respondent intends to register any FIR, he will notify the petitioner about the same so that the petitioner will have sufficient breathing time to move this Court for appropriate relief.

5. With these directions, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) ias To:

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

2.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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

Crl.O.P(MD)No.4018 of 2020 04.03.2020 JMN(13.03.2020) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2