Madras High CourtCRL OP(MD)/11972/2018disposed of

Mrs.Radhika Yuvaraj, v. Deputy Superintendent Of

2018-07-16Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.11972 of 2018 Radhika Yuvaraj ... Petitioner Vs.

Deputy Superintendent of Police, District Crime Branch, Trichy District.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police not to harass the petitioners and their family members in connection with the case registered in Crime Number. Not known to the petitioner on the file of the Deputy Superintendent of Police, District Crime Branch CID, Trichy District.

For Petitioner : Mr.G.Bala For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the respondent police not to harass the petitioners and their family members in connection with the case registered in Crime Number. Not known to the petitioner, on the file of the Deputy Superintendent of Police, District Crime Branch CID, Trichy District.

2.According to the petitioner, the defacto complainant preferred a complaint against the petitioner stating that the petitioner has received a sum of Rs.15,00,000/- as advance from the defacto complainant for registering a sale deed in favour of the defacto complainant with regard to the land in question. On the basis of the said complaint, the respondent police is harassing the petitioner under the guise of enquiry, though the dispute among the parties is purely civil in nature. Hence, the petitioner has filed this present petition with the aforesaid prayer.

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3.The learned Government Advocate (Crl.Side) would submit that the petitioner did not co-operate for enquiry and if the petitioner co-operates for enquiry, the said enquiry will be completed within the period to be stipulated by this Court. 4.The learned counsel for the petitioner would further submit that the petitioner is residing at Maharastra. Therefore, he requests four weeks time to appear for enquiry. He also undertakes that the petitioner will appear for enquiry as and when the summons are received by the petitioner and he will co-operate for enquiry.

5.In view of the above submissions, the respondent police is directed to issue summons to the petitioner to appear for enquiry and the petitioner is also directed to appear for enquiry, on receipt of such summons and place all the materials before the respondent police. Thereafter, the respondent police is directed to proceed further and complete the enquiry within a period of six weeks from the date of receipt of a copy of this order. 6.With the above directions, this Criminal Original Petition is disposed of.

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

1. The Deputy Superintendent of Police, District Crime Branch, Trichy District.

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

+ 1 cc TO Mr.G.Bala & Daisy , Advocate in SR No. 73185 ta AE/PN/SAR3/27.07.2018/2P/4C Crl.O.P.(MD)No.11972 of 2018 16.07.2018 https://hcservices.ecourts.gov.in/hcservices/