Savari Arockiam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.3272 of 2024 Savari Arokiam

...Petitioner

vs 1.The Inspector of Police, Alanganallur Police Station, Alanganallur, Vadipatti Taluk, Madurai District.

2.Pandivasan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the 1st respondent Police not to harass the Petitioner in the guise of enquiry.

For Petitioner : Mr.S.Sarvagan Prabhu For R1 : Mr.M.Veeranthiran Government Advocate (Crl.side)

O R D E R

The learned Counsel for the Petitioner submits that the Petitioner is the President of Porgudil Nagar Makkal Nala Sangam. As per the 1/5

submission of the learned Counsel for the Petitioner, the Petitioner is a retired school teacher and senior citizen. He had engaged the second Respondent to put up underground sewage, for which estimate was given and he had collected contribution from the Welfare Association members. After the execution of the work, there had been dispute, for which the second Respondent had preferred a complaint with the first Respondent. 2.Based on the complaint given by the second Respondent, the first Respondent had been harassing the Petitioner often on his mobile and directing him to appear before the first Respondent. Therefore, the Petitioner was forced to file this Petition seeking direction against the first Respondent not to harass him.

3.The learned Government Advocate (Crl.side), on instructions of the first Respondent, submits that as per the estimate and cost, Rs.16,00,000/- has to be paid for execution of the work. Instead, the Petitioner is alleged to have paid only Rs.14,00,000/-. For the remaining amount of Rs.2,00,000/-, he had been seeking time repeatedly. Therefore, the second Respondent was forced to file this complaint against the Petitioner. Considering the subject 2/5

matter as civil dispute, the first Respondent undertakes to follow the guidelines of the Director General of Police, Head of State Police Force, Tamil Nadu State, Chennai -4 issued in Rc.No.892914/X1/2020 dated 12.03.2021.

4.Considering the submission made by the learned Counsel for the Petitioner and the learned Government Advocate (Crl.side), the first Respondent is directed to act as per the circular of the Director General of Police, Head of State Police Force, Tamil Nadu State, Chennai -4 issued in Rc.No.892914/X1/2020 dated 12.03.2021 warning the Field Officers not to entertain any dispute involving property and money. Any violation of the said circular will initiate disciplinary proceedings against the first Respondent. The first Respondent is warned, accordingly. With the above directions, this Criminal Original Petition is disposed of.

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To 1.The Inspector of Police, Alanganallur Police Station, Alanganallur, Vadipatti Taluk, Madurai District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

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