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Madras High CourtCRL OP(MD)/11075/2019disposed of

Menaka v. The Sub Inspector Of Police

2019-08-06Honourable Mr Justice V. Bharathidasan2 pages

Crl.O.P.(MD)No.11075 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.11075 of 2019 1.Menaka 2.Manikandan ... Petitioners Vs.

1.The Sub-Inspector of Police, Thirupunavasal Police Station, Avudaiyarkovil Taluk, Pudukkottai District.

2.Masilamani

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent not to interfere into the civil disputes without any orders of any competent Court. For Petitioner : Mr.K.Baalasundharam For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the second respondent first respondent not to interfere into the civil dispute.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent. Considering the nature of the order going to be passed in this petition, notice to the second respondent is dispensed with.

3. According to the petitioner, there is a money dispute pending between the petitioner and the second respondent. Now based on the complaint given by the second respondent, the first respondent police is harassing the petitioner under the guise of enquiry. She further submits that the respondent police had detained the petitioner in the police station for a long time and also demanded money. In the above circumstances, the petitioner has filed the present petition.

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Crl.O.P.(MD)No.11075 of 2019

4. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the first respondent, on instructions, would submit that based on the complaint given by the second respondent alleging that the petitioner borrowed money from him and had failed to repay the same, enquiry has been conducted and the petitioner was only directed to appear for enquiry. But the petitioner without appearing for enquiry has filed the present petition. Now the enquiry on the said complaint is pending with the respondent police. He would further submit that there is no harassment at the hands of the respondent police as alleged by the petitioner.

5. The submission made by the learned Government Advocate (Crl.Side) is recorded. Considering the fact that enquiry on the complaint lodged by the second respondent is pending, the first respondent is directed to proceed with the enquiry and the petitioner is also directed to appear before the respondent police and cooperate with the enquiry. However, during enquiry, the respondent police is directed not to harass the petitioner.

6. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To 1.The Sub-Inspector of Police, Thirupunavasal Police Station, Avudaiyarkovil Taluk, Pudukkottai District.

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

+1 CC to M/s.K.BAALASUNDHARAM, Advocate ( SR-80133[F] dated 07/08/2019 ) Crl.O.P.(MD)No.11075 of 2019 06.08.2019 JM/16.08.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2