Madras High CourtCRL OP(MD)/11551/2016disposed of

K.Mahendran v. The Superintendent Of Police

2016-07-13Honourable Dr. Justice P. Devadass3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2016

CORAM:

THE HONOURABLE DR.JUSTICE P.DEVADASS Criminal Original Petition (MD) No.11551 of 2016 1.K.Mahendran 2.Vanmathi ... Petitioners vs.

1.The Superintendent of Police Theni District, Theni 2.The Deputy Superintendent of Police Uthamapalayam,Theni District 3.The Inspector of Police Rayappanpatti Police Station Rayappanpatti,Uthamapalayam Taluk Theni District 4.Prabhu Working Constable Rayappanpatti Police Station, Rayappanpatti,Uthamapalayam Taluk Theni District 5.Udayakumar Rayappanpatti Police Station Rayappanpatti,Uthamapalayam Taluk Theni District 6.Sasikumar Rayappanpatti Police Station Rayappanpatti Uthamapalayam Taluk Theni District 7.Sadaiyandi @ Kubendran ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C to direct the respondents 2 to 6 herein not to involve in the money transaction between the petitioners and the 7th respondent herein

and not to harass them and their family members. For Petitioner : Mr.A.Saravanan For Respondents : Mr.P.Kandasamy G.A.(Crl.Side) for R1 to R3

O R D E R

Mahendran and Vanmathi, who are spouses, seek direction under Section 482 Cr.P.C., as against the Inspector of Police, Rayappanpatti Police Station, Theni District, and his subordinates, that they shall not involve in a money dispute between them and 7th respondent and they shall not be harassed by the Police.

2. According to the learned counsel for the petitioners, the petitioners are intended to the 7th respondent for certain sums of money under a Promissory Note. They are in financial crisis. In the circumstances, the 7th respondent gave a false complaint as against them and incidentally his son / 6th respondent, who is working as a Constable in Rayappanpatti Police Station add fuel to the fire and in a money dispute Rayappanpatti Police is harassing the petitioners.

3. The learned Government Advocate (Criminal Side) submitted that the 7th respondent gave a complaint as against the petitioners that they have to pay Rs.3,00,000/- to him and when he demanded they have criminally intimidated him. It is being enquired into.

4. The learned Government Advocate (Criminal Side) further submitted that the matter is being enquired into by Rayappanpatti Police. The petitioners will not be harassed and every action will be taken strictly in accordance with law.

5. The above submission of the learned Government Advocate (Criminal Side) is recorded. Further, it is made clear that if there is a report of cognizable offence, strictly in accordance with the provisions of the Code of Criminal Procedure and also observing the commandments of the Hon'ble Supremene Court issued in D.K.Basu vs. State of West Bengal [1997 (1) SCC 416, Rayappanpatti Police can enquire into the matter, but at any way in a money dispute they should not / shall not harass the petitioners.

6. Accordingly, this criminal original petition is disposed of.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar

To 1.The Government Advocate (Criminal Side), Madurai Bench of Madras High Court, Madurai.

2.The Superintendent of Police, Theni District, Theni.

3.The Deputy Superintendent of Police, Uthamapalayam, Theni District.

4.The Inspector of Police, Rayappanpatti Police Station, Rayappanpatti, Uthamapalayam Taluk, Theni District.

+1cc to Mr.A.SARAVANAN,Advocate Sr.No.36135 KRK AA/NGM-MP/SAR-I/13.07.2016/3p-6c Crl.O.P.(MD).No.11551 of 2016 13.07.2016