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Madras High CourtCRL OP(MD)/8799/2021dismissed as infructuous

Rajasekar v. The Commissioner Of Police

2021-08-31Honourable Mr Justice G.Ilangovan2 pages

Crl.OP(MD).No.8799 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.8799 of 2021 Rajasekar ... Petitioner vs.

1.The Commissioner of Police, O/o of the Commissioner of Police, K.Pudur, Madurai.

2.The Assistant Commissioner of Police (L&O), O/o Assistant Commissioner of Police, Thilagarthidal, Madurai.

3.The Inspector of Police, S.S.Colony Police Station, Madurai.

4.Ramesh ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the second respondent not to interfere into civil dispute and thereby, not to harass the petitioner and his family members, under the guise of enquiry, based on the representation, dated 26.06.2021. For Petitioner : No Appearance For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate(Criminal Side)

O R D E R

This petition is filed seeking a direction to direct the second respondent not to interfere into the civil dispute and not to harass the petitioner and his family members, under the guise of enquiry, based on the representation, dated 26.06.2021.

2. The learned Government Advocate (Crl.Side) would submit that based upon the complaint given by the petitioner, enquiry was undertaken, in C.No.1055 of 2021 and during the course of enquiry, it was found that it is purely a money transaction. So, it came to be closed on 03.07.2021 and a copy of the Closure Report has also been circulated to this Court as well as the third respondent.

3. During the course of enquiry, the third respondent has stated that he received a sum of Rs.50,000/- from the petitioner, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP(MD).No.8799 of 2021 through one Suresh for interest. As a security to repay the said amount, he obtained his signature in bond papers. After repaying the amount, he has not returned the same.

4. But, during the course of enquiry, the petitioner refused the above said fact of the third respondent and stated that he has not paid the amount, which was received from him and so, the petitioner gave an undertaking to the effect that he will work out his remedy through civil process. Based upon that, the complaint given by the petitioner, came to be closed and so, harassment and interfering into the civil dispute may not arise.

5. Accordingly, this Criminal Original Petition stands dismissed as infructuous.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) dss Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Commissioner of Police, O/o of the Commissioner of Police, K.Pudur, Madurai.

2.The Assistant Commissioner of Police (L&O), O/o Assistant Commissioner of Police, Thilagarthidal, Madurai.

3.The Inspector of Police, S.S.Colony Police Station, Madurai.

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

Crl.OP(MD)No.8799 of 2021 31.08.2021 SB(15.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2