M. Srinivasan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.17941 of 2017 M.Srinivasan ... Petitioner -Vs1.The Commissioner of Police, Office of the Commissioner, Madurai City.

2.The Inspector of Police, Anna Nagar Police Station, Madurai District.

3.L.Ponnuchamy ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent not to interfere in this Pure Civil Dispute and also direct the respondents not to harass the petitioner under the guise of enquiry.

For Petitioner : Mr.B.Sukumar For R1 and R2 :

Mr.K.Anbarasan, Government Advocate(Crl.side) For R3 :

No appearance ***

O R D E R

This petition has been filed by the petitioner to direct the second respondent not to interfere in this Pure Civil Dispute and also direct the respondents not to harass the petitioner under the guise of enquiry.

2.The learned counsel appearing for the petitioner submitted that the third respondent borrowed a sum of Rs.10,00,000/- (Rupees ten lakhs only) from the petitioner and for recovery of the said amount the petitioner has already filed a suit in O.S.No.106 of 2017, on the file of the I Additional District Judge, Madurai and the said suit is still pending. He further submitted that the https://hcservices.ecourts.gov.in/hcservices/

third respondent lodged a complaint before the second respondent against the petitioner and the same was closed, after the enquiry and subsequently, the third respondent lodged another complaint against the petitioner. He further submitted that since already the complaint was closed, there is no necessity to summon the petitioner again and hence he prays for passing of an appropriate order.

3.The learned Government Advocate (Crl.side) submitted that the earlier complaint was closed, after the enquiry. But thereafter, the third respondent gave another complaint to the first respondent and the same has been forwarded to the second respondent and in order to dispose of the said petition, the petitioner has to appear before the second respondent. 4.Considering the both sides' submissions, the petitioner is directed to appear before the second respondent for enquiry and at the time of enquiry, the second respondent should not harass the petitioner.

5.With the aforesaid observations, this criminal original petition is disposed of.

Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Office of the Commissioner, Madurai City.

2.The Inspector of Police, Anna Nagar Police Station, Madurai District.

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

+1cc to Mr.B.SUKUMAR,Advocate,SR. 40612 Crl.O.P.(MD) No. 17941 of 2017 03.01.2018 RMK KK/RSK/SAR 3/18.01.2018/ 2P- 5C/ https://hcservices.ecourts.gov.in/hcservices/