M.R.Sekar, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2016

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA Crl.O.P.(MD).No.13378 of 2016 M.R.Sekar .. Petitioner Vs.

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

2.The Inspector of Police, District Crime Branch, Trichy District.

3.Ramesh 4.Balakrishnan .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the respondents 2 to 4 not to interfere in a civil dispute in connection with the pending civil suit in O.S.No.746 of 2013 on the file of the Subordinate Court, Trichy and consequently direct the 2nd respondent not to harass the petitioner in the guise of enquiry on the issue relating to the above civil suit.

For Petitioner : Mr.V.Illanchezian For respondents : Mr.K.V.Rajarajan, 1 & 2 Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the respondents 2 to 4 not to harass the petitioner under the guise of enquiry in respect of a civil suit.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents 1 and 2. In view of the limited relief sought for by the petitioner, notice to the respondents 3 and 4 is dispensed with.

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3.The learned counsel for the petitioner would submit that already a civil suit is pending in O.S.No.746 of 2013, in which the present petitioner herein as defendant has already filed written statement and under such circumstances, the 2nd respondent Police without any jurisdiction threatened the petitioner to settle the amount which is the subject matter of the suit and harassed him.

4.The learned Government Advocate (Criminal Side) submitted that petitioner was called only for enquiry in respect of a petition pending against him and not to decide the civil rights of the parties in the Police Station and that the second respondent Police did not cause any harassment to the petitioner, however, he gave an undertaking that if at all the presence of the petitioner is required, the second respondent would call the petitioner for enquiry only after issuing summons giving specific date, time and place.

5.Recording the above undertaking given by the learned Government Advocate, this Criminal Original Petition is closed. Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, District Crime Branch, Trichy District.

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

+One cc to Mr.V.Illanchezian, Advocate, SR.No.41131 gcg RL/5C/2P/DB/12/8/2016 Crl.O.P(MD)No.13378 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 01.08.2016