N.Ravinthan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.10600 of 2023 N.Ravinthan ... petitioner Vs.

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

2. The Inspector of Police, K.K,Nagar Police Station, Trichy District.

3. Gandhithimathi ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent not to harass the petitioner under the guise of enquiry on the basis of the complaint given by the 3rd respondent.

For petitioner : Mr. Mohan Gandhi S M For R1 and R2 : Mr.B.Nambiselvan, Additional Public Prosecutor 1/5

O RDER Seeking a direction to the second respondent not to harass the petitioner under the guise of complaint given by the third respondent, this petition has been filed.

2. Perusal of records shows that already a complaint was given by the third respondent against the petitioner and that was enquired in C.No. 307 of 2023 and that was closed after enquiry, on the basis of some understanding reached between the parties. Another complaint has been given by this petitioner, stating that he borrowed a sum of Rs.16,00,000/- from the counter party in 2013. He was regularly paying the amount, but later could not pay. On the basis of the complaint given by the counter party, he was directed to pay Rs.20,00,000/-. He also complied the condition. So far he paid Rs.19,40,000/-. Later, the counter party along with some others came to the shop and made threat upon the petitioner, demanding Rs.10,00,000/- more, over which, he made a complaint. Seeking direction to consider the representation/complaint, this petitioner moved the Vacational Court in Crl.O.P(MD) No.13228 of 2023 that was also entertained and direction was issued to the second respondent to consider his representation and pass suitable order. 2/5

3. Now the grievance of the petitioner is that under the guise of making enquiry on his complaint, pressure has been made by the second respondent to pay another Rs.10,00,000/- to the counter party.

4. The Officer from the second respondent office is present before this Court and stated that during the course of enquiry, they found that no such amount has been paid to the third respondent. It has also been stated that no such pressure was made upon the petitioner.

5. Since it is the money dispute between the parties, they can workout his remedy through civil process. Instead of doing the same, both the parties are approaching the second respondent repeatedly making allegations against each other. The second respondent may not entertain the similar complaints against each other in future.

6. The parties are directed to workout their remedy through appropriate civil process.

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7. With the above said direction, this Criminal Original Petition stands disposed of.

15.06.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu To

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

2. The Inspector of Police, K.K,Nagar Police Station, Trichy District.

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

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G.ILANGOVAN. J.

Indu 15.06.2023 5/5