Madras High CourtCRL OP(MD)/9929/2023dismissed as infructuous

Rani v. The Superintendent Of Police

2023-06-08Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.9929 of 2023 Rani ... Petitioner Vs.

1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Melur Police Station, Melur, Madurai District.

3.Jeyapaul ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the second respondent not to harass the petitioner under the guise of enquiry without following due process of law.

For Petitioner : Mr.V.Arun For R1 & R2 : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking direction to the second respondent not to harass the petitioner under the guise of enquiry without following due process of law.

2. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent police submitted that based upon the complaint given by the petitioner, enquiry was undertaken. During the course of enquiry, it was found that it is a money transaction and the petitioner was advised to workout his remedy through the DCB.

3. A perusal of CD file shows that based upon the money dispute, the petitioner has filed a complaint under Section 138 NI Act before the Judicial Magistrate, Melur, but the papers are not available.

4. In view of the above, this Court finds that the complaint itself is not maintainable before the respondent police. Therefore, the petitioner is directed to workout his remedy in the pending matter itself. 2/4

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

08.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No tta To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Melur Police Station, Melur, Madurai District.

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

3/4

G.ILANGOVAN,J tta Order made in Dated: 08.06.2023 4/4