T.Rasu v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.9252 of 2017 T.Rasu ... Petitioner -Vs1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, K.K.Nagar Police Station, Madurai- 625 020.

3. S.Sukumar ... Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code, to direct the respondents herein not to harass the petitioner and his family members in the guise of any enquiry on the alleged complaint of Sukumar involving money transaction. For Petitioner : Mr.A.Mithun Chakravarthi For RR 1 & 2 : Mr.K.Anbarasan Government Advocate(Crl.Side)

O R D E R

It is an application seeking a direction to the respondents herein not to harass the petitioner and his family members under the guise of enquiry on the alleged complaint of one Sukumar involving money transaction.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. 3.The learned counsel for the petitioner would submit that in relation to the money transaction between the petitioner and the third respondent, the third respondent lodged a complaint to the second respondent. Pursuant to the said complaint, the second respondent Police frequently called the petitioner to the Police Station and harassed him under the guise of enquiry in respect of a civil dispute.

4. The petitioner appears to be a money lender and the third respondent is a borrower. Considering the facts and circumstances, without going to the merits of the allegations, this Court is of the view that the official respondents can not entertain such dispute since the dispute between the petitioner and the third https://hcservices.ecourts.gov.in/hcservices/

respondent is purely civil in nature and arising out of money transaction.

5.The learned Government Advocate (Criminal Side) undertakes that the petitioner will not call for any enquiry unless or otherwise the same is required, and that the respondent would call the petitioner for enquiry only after issuing summons giving specific date, time and place.

6.Recording the above undertaking given by the learned Government Advocate(Crl.Side), this Criminal Original Petition is closed.

Sd/- Assistant Registrar (CS-III) /True copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, K.K.Nagar Police Station, Madurai- 625 020.

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

+1 CC to M/s.A.MITHUN CHAKRAVARTHI, Advocate, SR No. 66440. DAS/PJL PSM/KK/SAR2/27.07.2017/2P/5C CRL.O.P.(MD)No.9252 of 2017 19.07.2017 https://hcservices.ecourts.gov.in/hcservices/