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Madras High CourtCRL OP(MD)/10255/2022disposed of

Fazlur Rahman v. The Commissioner Of Police

2022-06-10Honourable Mr Justice V.Sivagnanam2 pages

CRL.O.P (MD) No.10255 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.10255 of 2022

1. Fazlur Rahman

2. Habeer Rahman

3. Nayeema Rehana ... Petitioners Vs

1. The Commissioner of Police, Trichy City, Trichy.

2. The Assistant Commissioner of Police, City Crime Branch (CCB), Trichy City.

3. Nagappan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the second respondent not to harass the petitioners under the guise of enquiry on the basis of petitioner's representation dated 04.06.2022.

For Petitioners : Mr.K.Arunraj For R1 & R2 : Mr.A.Albert James, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed for a direction, to direct the second respondent not to harass the petitioners under the guise of enquiry on the basis of petitioner's representation dated 04.06.2022.

2. The learned counsel for the petitioners submitted that there is a dispute with regard to the money transaction between the petitioners and the third respondent. The third respondent filed a suit against these petitioners in O.S.No.25 of 2022 on the file of the Principal District and Sessions Court, Tiruchirappalli. The suit is filed by the third respondent for recovery of amount Rs.28,69,980/- with subsequent interest. In this matter after filing the suit, the second respondent police interfered and compelled the petitioners to pay the money or they will foist false case. Hence the petitioners filed a present Criminal Original Petition not to interfere with the money transaction.

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CRL.O.P (MD) No.10255 of 2022

3. The learned Government Advocate (Criminal Side) submitted that the complaint has been given in this regard, enquiry has been conducted between the parties and the same was closed.

4. In the light of the above, the learned counsel for the petitioners submitted that there is a money transaction between the petitioners and the third respondent/Nagappan with regard to the recovery of the amount. The third respondent filed a Suit in O.S.No.25 of 2022 before the Principal District and Sessions Court, Tiruchirappalli for recovery of amount Rs.28,69,980/- with subsequent interest.

5. In these circumstances, the second respondent police has no jurisdiction to interfere with the money transaction between the parties. Therefore, this Court directs the second respondent not to interfere with the dispute pending between the parties.

6. With the above direction, this Criminal Original petition is disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // /06/2022 Sub Assistant Registrar(CS) ebsi To 1.The Commissioner of Police, Trichy City, Trichy.

2.The Assistant Commissioner of Police, City Crime Branch (CCB), Trichy City.

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

COPY TO:

The Principal District and Sessions Judge, Tiruchirappalli ORDER IN CRL.O.P (MD) No.10255 of 2022 10.06.2022 KG(CO) GC(28.06.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2