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Madras High CourtCRL OP(MD)/4119/2020dismissed

R.Ramakrishnan v. The Commissioner Of Police

2020-03-05Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.4119 of 2020 R.Ramakrishnan ... Petitioner Vs

1. The Commissioner of Police, Madurai City,

2. The Assistant Commissioner of Police, Central Crime Branch, Madurai City,

3. The Inspector of Police, Central Crime Branch, Madurai City, ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the 2nd and 3rd respondents not to harass the petitioner unnecessarily in the civil dispute based on the sale agreement dated 02.11.2015 under the guise of the enquiry. For Petitioner : Mr.B.Kumaresan For R1 to R3 : Mr.A.Robinson Government Advocate (Crl.side) For Intervenor : Mr.R.Gandhi

ORDER

The petitioner herein alleges harassment at the hands of the respondents 2 and 3.

2.Heard the learned counsel appearing for the petitioner, learned Government Advocate (Crl.side) and also the learned counsel appearing for the intervenor.

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3.The intervenor's counsel would contend that the property belonging to a Temple coming under the HR&CE Department was projected as the personal property of Tamil Ganesan and a sum of Rs.10,00,000/- was received as advance. When the true character of the land became known, the intervenor wanted the money back. Tamil Ganesan is declined to return the money. It appears that one Ramakrishnan acted as intermediary. In this regard, the intervenor lodged a complaint before the Central Crime Branch, Madurai City.

4.The specific allegation of the intervenor is that he has been cheated by Tamil Ganesan herein. In this regard, the respondents 2 and 3 have summoned the petitioner for enquiry. This cannot be construed as an act of harassment. 5.The learned Government Advocate (Crl.side) submitted that when summons were issued calling upon the petitioner to attend enquiry, this criminal original petition has been filed. 6.Considering the nature of allegations made in this petition, beyond directing the third respondent to act in accordance with law, I am not inclined to grant relief. With this direction, this criminal original petition stands dismissed. Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS ) To

1. The Commissioner of Police, Madurai City,

2. The Assistant Commissioner of Police, Central Crime Branch, Madurai City,

3. The Inspector of Police, Central Crime Branch, Madurai City, 2/4

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, +2 CC to M/s.R.GANDHI, Advocate ( SR-10431, 10522[F] dated 06/03/2020 ) +1 CC to M/s.B.KUMARESAN, Advocate ( SR-10475[F] dated 06/03/2020 ) Crl.O.P(MD)No.4119 of 2020 05.03.2020 rmi AE (17.03.2020) 3P 8C 3/4