Madras High CourtCRL OP(MD)/12534/2021disposed of

S.Claramercy v. The Superintendent Of Police

2021-09-28Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2021

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN 1.S.Claramercy 2.S.Kulanthai Santhiyaga 3.K.Jenifer Arcokiamary 4.S.Sesuraj 5.S.Merlin Sophia .. Petitioners Vs.

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

2.The Inspector of Police, Ammaiyanaickanur Police Station, Dindigul District.

3.Lakshmi .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the first respondent to instruct the second respondent herein to not to harass the petitioners on the guise of the enquiry in pursuance to the complaint lodged by the third respondent.

For Petitioners : Mr.G.Vishnuram For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

(This writ petition is heard through video conference) This petition has been filed seeking direction to the first respondent to instruct the second respondent herein to not to harass the petitioners on the guise of the enquiry in pursuance to the complaint lodged by the third respondent.

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2.When the matter was taken up for hearing on earlier, the learned counsel for the petitioner submitted that the petitioner's husband is doing fruit vending business and he was having business transaction with the third respondent. He used to purchase fruits on credit basis and because of the above said transactions, there was some dispute, based upon which, complaint has been given by the third respondent.

3.Today, the learned Additional Public Prosecutor submitted that on the basis of the complaint given by the third respondent enquiry has been undertaken in Current Petition No.284 of 2021 and during the course of enquiry, it was found that there is a money transaction between the parties. Hence, both parties were advised to workout their remedy through civil proceedings. The petitioner given an undertaking to do the same. Based upon the undertaking given by the petitioner, the complaint came to be closed. 4.Since the complaint has been closed, nothing survives for further consideration or direction in this case. Therefore, the prayer sought for in this petition become infructuous. 5.Accordingly, this criminal original petition is dismissed as infructuous.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 Superintendent of Police, Dindigul, Dindigul District.

2.The Inspector of Police, Ammaiyanaickanur Police Station, Dindigul District.

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

28.09.2021 DJ(CO) KB(12.10.2021) 3P 4C 3/3