Madras High CourtCRL OP(MD)/10545/2024allowed

Jeyamurugan v. The Commissioner Of Police

2024-07-15Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI Jeyamurugan ... Petitioner versus

1. The Commissioner of Police, Madurai City.

2. The Inspector of Police (Crime), D1 Tallakulam Police Station, Madurai, Madurai District.

3. Mr.Sakthivel, Sub-Inspector of Police (Crime), D1 Tallakulam Police Station, Madurai, Madurai District.

4. Mr.Periyasamy, Sub-Inspector of Police (Crime), D1 Tallakulam Police Station, Madurai, Madurai District.

5. T.Arunjothi ... Respondents 1/4

Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. (under Section 528 of BNSS), to direct the respondents 2 to 4 not to harass the petitioner under the guise of enquiry without due process of law.

For Petitioner : Mr.S.Ramasamy For R1 and R2 : Mr.P.Kottaichamy, Government Advocate (Crl. Side) For R3 : Mr.V.Santhakumaresan

ORDER

The petitioner has approached this Court that the respondent Police is harassing him under the guise of enquiry and coercing him to settle the issue with the 5th respondent.

2. The learned counsel appearing for the petitioner submits that there was a money transaction between the petitioner and 5th private respondent. The petitioner has paid the entire due amount and as on date, there is no due amount payable by the petitioner. However, based on the complaint given by the 5th respondent, the respondent Police is unnecessarily harassing him. 2/4

3. The learned Government Advocate (Crl. Side) disputed the same and submits that the petitioner is said to have borrowed a sum of Rs.30 lakhs from the 5th respondent, out of which, the petitioner has repaid a sum of Rs.17 lakhs, however, he failed to pay the balance amount. Based on the complaint of the 5th respondent, a petition enquiry was conducted in CSR No.858 of 2024 on 26.06.2024 and the same is still pending.

4. Since it is purely a money dispute, the respondent Police is expected not to interfere in the money dispute. Accordingly, this Criminal Original Petition is allowed. The respondent Police shall not harass the petitioner under the guise of enquiry. 15.07.2024 Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

ogy 3/4

B.PUGALENDHI, J.

ogy To

1. The Commissioner of Police, Madurai City.

2. The Inspector of Police (Crime), D1 Tallakulam Police Station, Madurai, Madurai District.

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

Crl.O.P.(MD)No.10545 of 2024 15.07.2024 4/4