Kalyani v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.9157 of 2021 Kalyani ... Petitioner Vs.

1.The Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, District Crime Branch, Thoothukudi.

3.The Inspector of Police, North Police Station, Thoothukudi.

4.Vinistion Suthir @ Suthir 5.Roshi ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 2 and 3 not to harass the petitioner under the guise of enquiry.

For Petitioner : Mr.R.Jegadeeswaran For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) For R4 : Mr.G.Thalai Mutharasu

ORDER

This Criminal Original Petition is filed seeking a direction to the respondents 2 and 3 not to harass the petitioner under the guise of enquiry.

2.On 12.07.2021, the learned Additional Public Prosecutor (Crl.Side) appearing for the respondents 1 to 3 submitted that the petitioner was running a Women Self Help Group and a complaint has been launched stating that an amount to the tune of Rs.1,29,00,000/- has been cheated. Since there was no representation on that date for the petitioner, the matter was directed to be listed under the caption "for dismissal" today.

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3.When the matter is taken up for hearing today, the learned counsel appearing for the petitioner appeared through video conference.

4.The learned Additional Public Prosecutor (Crl.Side) submitted that based upon the complaint given by the 4th respondent herein, an enquiry was undertaken in N.Ref.P4/14749/1196/2021 and during the course of enquiry, the statements of the parties have been recorded, wherein, it has been mentioned that the previous complaint also came to be closed by directing the parties to resolve their dispute before appropriate civil Court. Again subsequent complaint has been given and that was closed on 22.07.2021 by stating the very same conclusion. It is also mentioned that the parties can approach the Economic Offence Wing for appropriate relief. Since the complaint has been closed, the question of harassment may not arise. As directed by the 3rd respondent, the parties can workout their remedy before the appropriate forum by filing an appropriate proceeding. 5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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 Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, District Crime Branch, Thoothukudi.

3.The Inspector of Police, North Police Station, Thoothukudi.

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

05.08.2021 MGJ(12.08.2021) 3P 5C 3/3