Muniyasamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL OP(MD).No. 10115 of 2019 1.Muniyasamy 2.Muniyasamy 3.Panchavarnam 4.Rajeshwari ... Petitioners Vs.

1. The Superintendent of Police Virudhunagar Virudhunagar District

2. The Inspector of Police M.Pudupatti Police Station Virudhunagar District 3.Kavitha ... Respondents PRAYER : This Petition filed under Section 482 of Criminal Procedure Code to issue a direction directing the 2nd respondent not to harass the petitioners under the guise of enquiry.

For Petitioners : Mr.S.Poornachandran For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed to issue a direction directing the second respondent not to harass the petitioners under the guise of enquiry.

2. The grievance of the petitioners is that the first petitioner borrowed a sum of Rs.10,000/- and 2 1⁄4 sovereign jewels from the third respondent as hand loan. Since the first petitioner failed to repay the said loan in time, the third respondent lodged a complaint before the Inspector of Police, M.Rediapatti Police Station. Now, the complaint has been transferred to the second respondent, namely, the Inspector of Police, M.Pudupatti Police Station, Virudhunagar District. Based on the complaint, the second respondent police is harassing the petitioners under the guise of enquiry. Hence, the present Criminal Original Petition has been filed.

3.The learned Government Advocate (Crl.Side) appearing for the respondents 1 & 2, on instructions, would submit that admittedly the first petitioner borrowed a sum of Rs.10,000/- and 2 1⁄2 sovereign jewels from the third respondent and failed to repay the same. https://hcservices.ecourts.gov.in/hcservices/

Hence, the third respondent lodged a complaint before M.Rediapatti Police Station, now, the same is pending before the second respondent police. The learned Government Advocate (Crl.Side) would further submit that though the petitioners were directed to appear before the respondent police for enquiry, so far they have not appeared.

4.Considering the facts and circumstances of the case, the first petitioner is directed to appear before the second respondent police for enquiry. However, the second respondent police is directed not to harass the petitioners.

5.With the above directions, this Criminal Original Petition is closed. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To

1. The Superintendent of Police Virudhunagar Virudhunagar District

2. The Inspector of Police M.Pudupatti Police Station Virudhunagar District

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

+1 CC to Mr.S.POORNACHANDRAN, Advocate ( SR-76537[F] dated 22/07/2019 ) CRL OP(MD).No. 10115 of 2019 18.07.2019 MSA MK (06.08.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/