M.Pandi v. The Superintendent Of Police

CRL OP(MD). No.5348 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.05.2020 PRESENT THE HON`BLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD).No.5348 of 2020 M.Pandi ... Petitioner Vs 1.State through The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Sub-Inspector of Police, Mallakinaru Police Station, Virudhunagar.

3.Raja @ Sundarrajan 4.Venkatesan ... Respondents PRAYER : Petition is filed under Section 482 of Cr.P.C to issue appropriate direction to the second respondent not to harass the petitioner in the guise of enquiry.

For Petitioner : Mr.D.Farjana Ghoushia For Respondents : Mr.A.Robinson Government Advocate (Crl.side) for R1 and R2

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondents 1 and 2.

2.The petitioner alleges harassment at the hands of the second respondent.

According to the petitioner's counsel, respondents 3 and 4 herein borrowed a certain sum of money from the petitioner a few years back and that in order to avoid the obligation of repayment, they had given a complaint against the petitioner and that the second respondent herein is harassing the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.5348 of 2020 petitioner on the basis of the said complaint. 3.On the face of it, the matter appears to be civil in nature. if, according to the second respondent any cognizable offence is made out or any violation of the provisions of Tamil Nadu Prohibition of Charging of Extraordinary Interest Act is made out, the second respondent is directed to give prior notice to the petitioner about the registration of the FIR so that the petitioner will have breathing time to move this Court or the Sessions Court for the relief of anticipatory bail.

4.If the second respondent wants to enquire the petitioner, the second respondent will necessarily issue summon in writing. The petitioner will not be orally summoned for enquiry. 5.With these directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) rmk To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Sub-Inspector of Police, Mallakinaru Police Station, Virudhunagar.

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

ORDER

IN Crl.O.P(MD).No.5348 of 2020 15.05.2020 AP(03/06/2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2