Madras High CourtCRL OP(MD)/10069/2019closed

Selvakumar v. The Superintendent Of Police

2019-07-19Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 19.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD).No.10069 of 2019 Selvakumar ... Petitioner -Vs1.State represented by the Superintendent of Police, Thoothukudi District.

2.Manikaraj working as Sub Inspector of Police, Soorankudi Police Station, Thoothukudi District.

3.Dinesh Kumar ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent to instruct the second respondent not to harass the petitioner without any basis under the guise of enquiry.

For Petitioner : Mr.A.Uthayakumar For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

The criminal original petition has been filed seeking a direction to the first respondent to instruct the second respondent not to harass the petitioner under the guise of enquiry.

2. The grievance of the petitioner is that based on the complaint given by the third respondent in respect of civil dispute, the second respondent police under the guise of enquiry, harassing the petitioner and also abused him. Hence, the petitioner has filed the present criminal original petition.

3. The learned Government Advocate (Crl.side) on instructions would submit that there is a dispute between the petitioner and the third respondent relating to purchase of a car and the third respondent has given a complaint against the petitioner. Based on the complaint, the second respondent police has conducted an enquiry and after completing the investigation, closed the complaint as civil dispute.

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4. Considering the fact that already the complaint given by the third respondent has been enquired into and closed as civil dispute, the relief sought for by the petitioner cannot be granted. Hence, this Criminal Original Petition is dismissed. However, the second respondent police is directed to not to harass the petitioner under the guise of further enquiry.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent of Police, Thoothukudi District.

2.The Sub Inspector of Police, Soorankudi Police Station, Thoothukudi District.

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

+1 CC to M/s.A.UTHAYA KUMAR, Advocate ( SR-76561[F] dated 22/07/2019 ) Crl.O.P.(MD).No.10069 of 2019 19.07.2019 JM/09.08.2019/2P/4C akv JM/09.08.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/