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Madras High CourtCRL OP(MD)/13654/2021disposed of

Alagarsamy v. The District Superintendent Of Police

2021-09-16Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.13654 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.13654 of 2021 Alagarsamy ... Petitioner vs.

1.State Rep by The District Superintendent of Police, Virudhunagar District, Virudhunagar.

2.State Rep by The Inspector of Police, Narikudi Police Station, Virudhunagar District.

3.Palani ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondent Nos.1 and 2 and their officials not to harass the petitioner and his family members unnecessarily against law under the guise of enquiry.

For Petitioner : Mr.S.Shanmugam.

For R-1 and R-2 : Mr.K.Sanjai Gandhi Government Advocate (Criminal Side)

O R D E R

This petition has been filed to direct the respondent Nos.1 and 2 and their officials not to harass the petitioner and his family members unnecessarily against law under the guise of enquiry.

2. The case of the petitioner is that the petitioner received a sum of Rs.11,00,000/- from the third respondent as loan. In order to settle the amount, the petitioner agreed to sell his property to the third respondent. But, the third respondent refused to purchase the property. Further, the petitioner appears to have given a complaint. Based upon which, C.S.R.No.134121 of 2021 was assigned. But, the respondent Nos.1 and 2 joined with the third respondent, harassing the petitioner herein.

3. The learned Government Advocate (Criminal Side) would submit that based on the complaint given by this petitioner, enquiry was undertaken and during the course of enquiry, it was found that there was sale transaction dispute between the parties. The sale agreement was entered into between the parties in respect of one land. Later, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13654 of 2021 it was found that it is a poramboke land. On that ground, the above said third respondent demanded the above said amount. On that basis, enquiry was conducted and during the course of enquiry, the petitioner gave statement that he will return the amount within a period of two months and the complaint was closed on 09.09.2021. Similarly, on the basis of the complaint given by the third respondent, enquiry was undertaken and during the course of enquiry, this petitioner appears to have given an undertaking that he will return the amount within a period of two months. On the basis of the above said undertaking, the complaint given by the third respondent was also closed.

4. Since the complaint itself has been closed, question of harassment does not arise. Hence, this Criminal Original Petition stands disposed of as infructuous.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Narikudi Police Station, Virudhunagar District.

COPY TO:- The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.13654 of 2021 16.09.2021 SRK(CO) GC(25.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2