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Madras High CourtCRL OP(MD)/11032/2019dismissed

Jegan Mary v. The Superintendent Of Police

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

Crl.O.P.(MD)No.11032 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.11032 of 2019 1.Jegan Mary 2.John Stephan ... Petitioners Vs.

1.The Superintendent of Police, Kanyakumari District, Kanyakumari.

2.The Inspector of Police, Anjugramam Police Station, Anjugramam, Kanyakumari District.

3.T.Alexander

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent No.2 not to harass the petitioner by way of interfering with the matter purely civil in nature. For Petitioner : Mr.K.Arun Raj For R1 and R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed seeking a direction to the second respondent not to harass the petitioner.

2. According to the petitioner there is a money dispute between the petitioner and the third respondent herein. The third respondent also filed a suit in O.S.No.107 of 2016 on the file of the learned Principal District Munsif, Nagercoil and the same is pending. Now, pending suit, based on the complaint given by the third respondent, the second respondent police is harassing the petitioner under the guise of conducting enquiry. Hence, the petitioner has filed the present complaint.

https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.11032 of 2019

3. The learned Government Advocate (Crl.Side) appearing for the official respondents, on instructions, would submit that now based on the complaint given by the third respondent, enquiry has been conducted by the second respondent and since the enquiry reveals that it is only a civil dispute between the petitioner, the second respondent has closed the complaint directing the parties to approach the civil Court for getting appropriate remedy. He would further submit that the second respondent has not harassed the petitioner.

4. The statement made by the learned Government Advocate (Crl.Side) is recorded. Considering the fact that already the complaint given by the third respondent has been enquired into and closed, no further order needs to be passed in the present petition. Accordingly, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Kanyakumari District, Kanyakumari.

2.The Inspector of Police, Anjugramam Police Station, Anjugramam, Kanyakumari District.

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

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-80100[F] dated 06/08/2019 ) Crl.O.P.(MD)No.11032 of 2019 06.08.2019 ta KK/SAR/19.08.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/4