Madras High CourtCRL OP(MD)/9650/2021disposed of

Rajamahendran v. The Commissioner Of Police

2021-11-09Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.9650 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.9650 of 2021 1.Rajamahendran 2.Kavitha ... Petitioners Vs 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Subramaniapuram (Law & Order) Police Station, Madurai City, Madurai.

3.Saranya 4.Rajalakshmi ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second respondent not to harass the petitioners in regard to the money dispute and on basis of his representation dated 15.07.2021.

For Petitioners : Mr.S.Sukumar For R1 & R2 : Mr.T.Senthil Kumar Additional Public Prosecutor For R3 : Mr.M.Sakthi Kumar

ORDER

Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for R1 & R2 and the learned counsel appearing for the private respondents.

2. The case of the petitioners is that they had a financial transaction with the respondents 3 and 4. The petitioners not only admit their liability but also state that in a given reasonable time, they would clear the liability also. On the other hand, the learned counsel for the private respondents submits that the accused persons follow the modus operandi of cheating house wives. According to him, the private respondents were persuaded to invest in the beauty parlour business with the assurance that they would be able to get descent returns. It is his further contention that apart from the private respondents, there are also few other persons who have been similarly cheated. I am not in a position to go https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9650 of 2021 into the factual controversy. If any complaint has been made to the second respondent and if the averments set out therein make out cognizable offence, it is the duty of the second respondent to register an FIR and act as per law. Taking action as per law will not amount to harassment or interference in the civil dispute between the parties.

3. With this direction to the second respondent, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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, Madurai City, Madurai.

2.The Inspector of Police, Subramaniapuram (Law & Order) Police Station, Madurai City, Madurai.

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

+1 CC to M/s.S. SUKUMAR, Advocate ( SR-34192[F] dated 11/11/2021 ) Crl.O.P(MD)No.9650 of 2021 09.11.2021 RD/SKN (25.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2