Madras High CourtCRL OP(MD)/17877/2017disposed of

A.Siva Kumar v. The Inspector Of Police,

2018-01-02Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL OP(MD)No.17877 of 2017 A.Sivakumar ... Petitioner Vs.

1. The Inspector of Police, Cholavandhan Police Station, Madurai District.

2. J.Annathai ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents not to harass the petitioner and his family member under the guise of enquiry on the basis of the second respondent's complaint.

For Petitioner : Mr.A.Jeyaram For R1 : Mr.K.Anbarasan Govt. Advocate

O R D E R

This Criminal Original Petition is filed for issuing a direction to the first respondent not to harass the petitioner on the complaint of the second respondent.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the first respondent. 3.The learned counsel for the petitioner submitted that there was a money transaction between the petitioner and the second respondent and for which, the second respondent gave a false complaint before the first respondent as if a criminal offence has been committed by the petitioner. He further submitted that if at all any amount is due from the petitioner, it is always open to the second respondent to approach the Civil Court, instead of that she cannot influence the first respondent. He further submitted that under the guise of enquiry, the first respondent is harassing the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Crl.side) submitted that the complaint has been lodged by the second respondent before the first

respondent and the first respondent is making an enquiry without harassing the petitioner.

5.Taking into consideration of the submission made by both sides, the first respondent is directed to enquire the matter and if found any cognizable offence is made out, he can proceed further. During such enquiry, the petitioner should not be subjected to any harassment.

6.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Cholavandhan Police Station, Madurai District.

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

+ 1 CC TO Mr.A.JEYARAM, ADVOCATE IN SR No. 40033 AM TE/KKR/SAR-3 : 12/01/2018 : 2P/4C CRL OP(MD)No.17877 of 2017 02.01.2018 https://hcservices.ecourts.gov.in/hcservices/