P.Dharmalingam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD).No.13317 of 2018 P. Dharmalingam .... Petitioner Vs.

State rep. by 1.The Superintendant of Police, Virudhunagar District.

2.The Inspector of Police, Narikudi Police Station, Virudhunagar District.

3.D.Kamu Nagendran ... Respondents Prayer: This petition is filed under Section 482 Cr.P.C to direct the 2nd respondent not to harass the petitioner under the guise of enquiry by way of interfering money transaction between the petitioner and 3rd respondent.

For Petitioner : Mr.V. Thirumal For respondent Nos.1 &2 : Mr. K.K. Ramakrishnan Additional Public Prosecutor

O R D E R

This petition has been filed for issuing a direction to the 2nd respondent not to harass the petitioner under the guise of enquiry by way of interfering money transaction between the petitioner and 3rd respondent.

2. When the matter was taken up for hearing the learned Additional Public Prosecutor appearing for the prosecution would submit that this is a case of job rocketing.

3. Per contra, the learned counsel appearing for the petitioner submits that the petitioner borrowed a sum of Rs.5,00,000/- from the third respondent and that though he has repaid a sum of Rs.1,80,000/-, the third respondent has lodged the complaint claiming a sum of Rs.5,00,000/- and all. He further alleged that the police are giving pressure to sell 70 Cents of land belongs to him.

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4. This material prima facie would show that the transaction is civil in nature. Be that as it may, the petitioner shall appear before the second respondent on 06.08.2018 at 10.30 a.m. and the third respondent is also directed to be present on that day. The petitioner shall co-operate for enquiry. If the first respondent proposes to register First Information Report against the petitioner, the second respondent shall give notice under Section 41(A) Cr.P.C., so that the petitioner will have adequate time for filing an anticipatory bail petition.

4. This Criminal Original Petition is ordered accordingly. Sd/ Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar (CS-I ) To 1.The Superintendant of Police, Virudhunagar District.

2.The Inspector of Police, Narikudi Police Station, Virudhunagar District.

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

+1cc to Mr.V.THIRUMAL, Advocate, SR.No. 75846 Crl.O.P(MD).No.13317 of 2018 30.07.2018 TRP KK/SKN/SAR-4/06.08.2018/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/