← Library
Madras High CourtCRL OP(MD)/3984/2023disposed of

R.Balakrishnan v. The Commissioner Of Police

2023-03-02Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR R.Balakrishnan ... Petitioner Vs.

1.The Commissioner of Police, Office of the Commissioner of Police, Trichy City, Trichy.

2.The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Central Crime Branch, Trichy City, Trichy.

3.The Inspector of Police, Central Crime Branch, Trichy City, Trichy.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents not to harass the petitioner in the guise of enquiry which is civil in nature. For Petitioner : Mr.S.Ramsundarvijayraj For Respondents : Mr.SS.Madhavan Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the respondents not to harass the petitioner in the guise of enquiry which is civil in nature.

2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that the petitioner has earlier filed a petition in Crl.O.P.(MD)No.757 of 2023 against the respondents herein and one Raja and that this Court, recording the submission made by the learned Government Advocate (Criminal Side) that on the basis of the complaint given by the said Raja, the petitioner was summoned and after enquiry, both the petitioner as well as the said Raja have entered into a settlement and based on the settlement, the petitioner has paid Rs.20,00,000/- and also agreed to pay the remaining amount and on that basis, the complaint was ordered to be closed, has disposed of the petition. He would further submit that now the very same Raja has lodged a similar complaint before the respondents and on that 2/4

basis, the respondents have issued summons dated 18.02.2023 directing the petitioner to appear before them on 21.02.2023.

3. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that the said Raja has given a complaint and the same is pending in current paper. He would further submit that since the dispute is civil in nature, instructions were already given to the concerned police to close the complaint.

4. Recording the submission made by the learned Government Advocate (Criminal Side), this Criminal Original Petition stands disposed of.

02.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Commissioner of Police, Office of the Commissioner of Police, Trichy City, Trichy.

2.The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Central Crime Branch, Trichy City, Trichy.

3.The Inspector of Police, Central Crime Branch, Trichy City, Trichy.

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

Order made in Dated: 02.03.2023 4/4