Madras High CourtCRL OP(MD)/13883/2020disposed of

R.Velmurugan v. The Superintendent Of Police

2020-12-03Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.13883 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.13883 of 2020 1.R.Velmurugan 2.S.M.Idyathullah : Petitioners Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul.

2.The Inspector of Police, District Crime Branch, Dindigul.

3.S.Selvarajan : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent not to harass the petitioner and his family members under the guise of enquiry in the civil dispute in a partnership firm.

For Petitioners : Mr.D.Senthil, For R-1 and R-2 : Mr.V.Neelakandan, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed to direct the second respondent not to harass the petitioners and their family members under the guise of enquiry in the civil dispute in a partnership firm.

2.The learned counsel appearing for the petitioners submitted that the petitioners and third respondent and another four persons entered into the partnership firm and the same has come into force from 23.04.2014. There was some dispute arose between them regarding money transaction.

3.The learned Additional Public Prosecutor appearing for the official respondents, on instructions, submitted that the entire money transaction had taken place through Bank. Based on the complaint given by the third respondent, the petitioners were called for an enquiry only and the respondent police has not harassed the petitioners. He further submitted that before enquiry, summon will be issued to the petitioner.

4.Heard the learned counsel for the petitioners and the learned https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13883 of 2020 Additional Public Prosecutor appearing for the official respondents. 5.On perusal of the records, it is seen that the money transaction between the parties entered through Bank accounts. In my opinion, it is purely a civil dispute. The parties are directed to approach the appropriate forum for relief. The respondent police are directed not to harass the petitioners.

6. This Criminal Original Petition is allowed on these terms. Sd/- Assistant Registrar (CS I) // True Copy // / /2020 Sub Assistant Registrar(CS) das 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 Superintendent of Police, Office of the Superintendent of Police, Dindigul.

2.The Inspector of Police, District Crime Branch, Dindigul.

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

Crl.O.P.(MD)No.13883 of 2020 03.12.2020 ARK(CO) KK(17.12.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2