Madras High CourtCRL OP(MD)/9280/2021disposed of

Seenivasan v. The Superintendent Of Police

2021-07-14Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.9289 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14/07/2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.9280 of 2021 Seenivasan ... Petitioner Vs.

1.State through The Superintendent of Police, Pudukkottai District, Pudukkottai.

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

3.Venkatesan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 and 2 not to harass the petitioner under the guise of enquiry.

For Petitioner : Mr.S.Rajamanickam For R-1 & R2 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to the respondents 1 and 2 not to harass the petitioner under the guise of enquiry.

2. The case of the petitioner is that there was a civil dispute between the petitioner and the third respondent wayback in 2018 itself. It came to be settled. Later the third respondent appears to have given a fresh complaint to the second respondent and under the guise of enquiry he has been harassed by the second respondent herein. According to him, it is purely money transaction and involved civil disputes.

3. The Additional Public Prosecutor submits that the third respondent has given a complaint on the allegation that the petitioner engaged in collecting the amount from the third respondent on the false promise of clearing the loan amount. On the earlier occasion in 2018, based upon a direction issued by the concerned Judicial Magistrate a case was registered and enquiry was undertaken in CSRNo.1498 of 2019. During the course of enquiry, the petitioner undertook to settle the issue by paying money. On that ground, it came to be closed. Thereafter, the petitioner did not keep his promise so the present complaint has been lodged and enquiry has been undertaken in C.No.G2/25108/2021. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9289 of 2021

4. Since complaint is pending against the petitioner, he has to co-operate with the enquiry and hence, the question of harassment does not or will not arise.

5. With the above observation, this petition is disposed of. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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, Pudukkottai District, Pudukkottai.

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

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

+1 CC to M/s.S.RAJAMANICKAM, Advocate (SR-22836[F] dated 16/07/2021) Crl.O.P.(MD)No.9280 of 2021 14.07.2021 RD(26.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2