Rakesh v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD) No.9836 of 2019 1.Rakesh 2.C.Jeyaraj 3.Vignesh : Petitioners

Versus

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

2.The Inspector, North Police Station, Tuticorin.

3.The Inspector, SIPCOT Police Station, Tuticorin.

4.B.Venkatesh Naik : Respondents Prayer: Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the respondents not to harass the petitioners in respect of the above said civil dispute in the guise of enquiries in Tuticorin wherein there is no both civil and criminal jurisdiction to the respondents to deal with this matter. For Petitioners : Mr.B.A.Muruganantham For Respondents 1to3 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side)

O R D E R

This petition has been filed seeking a direction to the respondents 1 to 3 not to harass the petitioners.

2. The grievance of the petitioners is that, based on the complaint given by the fourth respondent relating to a business transaction, the third respondent/Inspector of Police, SIPCOT Police Station, Tuticorin, conducted enquiry and closed the complaint. Thereafter, the very same complaint has been given to the second respondent/Inspector of Police, North Police Station, Tuticorin. Now, the second respondent is harassing the petitioners under the guise of enquiry. Hence, the present petition has been filed.

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3. Today, when the matter came up for hearing, Mr.K.Suyambulinga Bharathi, learned Government Advocate (Criminal side) appearing for the respondents 1 to 3, on instructions, submitted that now, the Inspector of Police, North Police Station, Tuticorin, also conducted enquiry and closed the complaint as civil dispute.

4. Considering the fact that already the complaint has been enquired into and closed, no further order is required to be passed in this petition. Accordingly, the Criminal Original Petition is closed. However, as the complaint has been closed, the respondents 1 to 3 are directed not to harass the petitioners under the guise of enquiry.

Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Tuticorin, Tuticorin District.

2.The Inspector, North Police Station, Tuticorin.

3.The Inspector, SIPCOT Police Station, Tuticorin.

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

+1 CC to M/s.B.A.MURUGANATHAM, Advocate ( SR-9500[D] dated 18/07/2019 ) SML Order made in Crl.O.P.(MD) No.9836 of 2019 Dated: 15.07.2019 KM/(23.07.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/