Nayan Ramesh Gala v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Nayan Ramesh Gala ... Petitioner Vs.

1.The Superintendent of Police, O/o. the Superintendent of Police, Theni District.

2.The Inspector of Police, O/o. the Inspector of Police, District Crime Branch, Theni District.

3.R.Subramanian ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent not to interfere in the civil dispute of the petitioner with the respondent No.3.

For Petitioner : Mr.S.M.A.Jinnah For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R3 : Mr.J.Vijayaraja 1/5

O RDER This petition is filed seeking for a direction to the respondent police not to harass the petitioner on a complaint given by the respondent No.3. 2.It is submitted by the learned counsel for the petitioner that there were commercial transactions between the petitioner and the respondent No.3 in respect of the sale of Cardamom and in respect of that the respondent No.3 has filed a complaint before the police stating that the petitioner has cheated more than Rs.45,00,000/-. It is further submitted that the dispute is purely business transaction and no criminal case can be registered. 3.The learned counsel for the respondent No.3 on the other hand submits that the petitioner has cheated some other persons also similarly and a criminal case was filed against the petitioner and the same was settled.

It is also stated that this Court has earlier directed the petitioner and the respondent No.3 to appear before the police along with their bank statements and the respondent No.3 though appeared, the petitioner has sent the statements by post and never bothered to appear before the police.

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4.The learned Additional Public Prosecutor on the other hand has filed a status report to the effect that the police have enquired both the parties on 5 occasions, enquiry was posted from time to time and ultimately, the complaint given by the respondent No.3 against the petitioner was closed on 27.06.2023, as the dispute between the petitioner and the respondent No.3 is purely civil in nature and submitted that there is no enquiry pending and accordingly, learned Additional Public Prosecutor has also filed a copy of the closure report, which is in vernacular language.

5.Since the enquiry has already been closed by the respondent police, if at all the respondent No.3 has got any grievance still against the petitioner on criminal side, he can approach the appropriate criminal Court and file an application. No further directions can be given in this regard. 6.Accordingly, this Petition is closed.

Speaking : Yes / No 17.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No 3/5

To 1.The Superintendent of Police, O/o. the Superintendent of Police, Theni District.

2.The Inspector of Police, O/o. the Inspector of Police, District Crime Branch, Theni District.

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.10877 of 2023 17.07.2023 5/5