Madras High CourtCRL OP(MD)/10368/2019disposed of

Mokkasamy v. The Superintendent Of Police

2019-07-24Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL OP(MD).No. 10368 of 2019 Mokkasamy .... Petitioner Vs.

1.The Superintendent of Police Theni, Theni District 2.The Inspector of Police District Crime Branch Theni, Theni District 3.Sebasthiar .....Respondents PRAYER : This Petition filed under Section 482 of Criminal Procedure Code to direct the 2nd respondent not to harass the petitioner and their family members under the guise of enquiry. For Petitioner : Mr.S.Sundarapandian For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) ***

ORDER

This petition has been filed to direct the respondent to expedite the investigation in Crime No.51 of 2018 and to file a final report within a time frame fixed by this Court.

2. The grievance of the petitioner is that he has entered into a sale agreement with the third respondent herein. Later on, the third respondent has failed to perform his part of contract, hence the petitioner issued a legal notice to the third respondent seeking to execute the sale deed. At that time, the third respondent said to have filed a complaint before the second respondent police alleging that the petitioner has demanded exorbitant interest. Based on that complaint, the second respondent is harassing the petitioner. Hence, the present Criminal Original Petition has been filed.

3.Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2, on instructions, would submit that the third respondent has given a complaint against the petitioner alleging that he has borrowed some money from the petitioner and most part of the amount has been repaid, but the petitioner demanding exorbitant interest and also created https://hcservices.ecourts.gov.in/hcservices/

a false sale agreement. Now, an enquiry is being conducted by the second respondent police, but the petitioner did not appear for the enquiry. At this juncture, the present petition has been filed by the petitioner.

4.I have heard the learned counsel appearing on either side and also perused the materials available on record. 5.Considering the fact that an enquiry is pending before the second respondent police, the petitioner is directed to appear before him for enquiry. During enquiry, the second respondent police is directed not to harass the petitioner. 6.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The Superintendent of Police Theni, Theni District 2.The Inspector of Police District Crime Branch Theni, Theni District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.S.SUNDARAPANDIAN, Advocate SR-77129. CRL OP(MD).No. 10368 of 2019 24.07.2019 CS(02.08.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/