Madras High CourtCRL OP(MD)/9540/2019disposed of

C.Sundarraj v. The Superintendent Of Police

2019-07-10Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.9540 of 2019 C.Sundarraj ... Petitioner Vs.

1.The Superintendent of Police Kanyakumari District Kanyakumari 2.The Assistant Superintendent of Police Kulachal Kanyakumari District 3.The Inspector of Police Eranial Police Station Eranial, Kanyakumari District 4.A.Vijayakumar ....Respondents Prayer: This Criminal Original Petition has been filed under Section 482 Cr.P.C. to direct the 2nd and 3rd respondents not to harass the petitioner and his family members by threatening the petitioner to settle the alleged money transaction in favour of the complainant, thereby interfering in Civil matters.

For Petitioner : Mr.S.R.Anbarasu For Respondents 1 to 3 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the 2nd and 3rd respondents not to harass the petitioner and his family members by threatening the petitioner to settle the alleged money transaction in favour of the complainant. 2.The grievance of the petitioner is that based on the complaint given by the fourth respondent with regard to money dispute, the 2nd respondent police has called the petitioner for enquiry and also threatening him to repay the money. Hence, the

petitioner has filed the present Criminal Original Petition. 3.Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl.Side) appearing for the respondents 1 to 3, on instructions, would submit that the petitioner borrowed some money from the fourth respondent and failed to repay the same, thereby, he cheated the fourth respondent. Based on the complaint given by the fourth respondent, earlier an enquiry has been conducted by the second respondent police. Since the petitioner made some personal allegations against the second respondent police, now an enquiry has been transferred to the Deputy Superintendent of Police, Thakkalai, and the second respondent police is not conducting the enquiry, only in order to escape from the enquiry, the present petition has been filed by the petitioner.

4.I have heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents 1 to 3 and also perused the materials available on record.

5.Considering the fact that the enquiry has been transferred to the Deputy Superintendent of Police, Thakkalai, the petitioner is directed to appear before him and co-operate with the enquiry. It is further directed that during enquiry, the Deputy Superintendent of Police, Thakkalai not to harass the petitioner. 6.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To:

1.The Superintendent of Police Kanyakumari District Kanyakumari 2.The Deputy Superintendent of Police, Thakkalai, Kanyakumari.

3.The Assistant Superintendent of Police Kulachal Kanyakumari District

4.The Inspector of Police Eranial Police Station Eranial, Kanyakumari District

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

+1 CC to M/s.S.R.ANBARASU, Advocate ( SR-74779[F] dated 11/07/2019 ) Crl.O.P.(MD)No.9540 of 2019 10.07.2019 KK/SAR/01.08.2019/3P-7C/