Madras High CourtCRL OP(MD)/11312/2019closed

Regan v. The Assistant Commissioner Of Police

2019-08-13Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.11312 of 2019 Regan : Petitioner Vs.

1.The State represented by The Assistant Commissioner of Police (Crime), District Crime, Heebar Road, Beema Road, Trichirappalli.

2.HDB Financial Services, 1st Floor, 27/1 Annamalai Nagar Main ROAD, Opposite ABC Hospital, Trichirappalli-18, Represented by its Manager.

: Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to direct the respondent not to harass the petitioner under the guise of settlement of any interse civil obligations and liabilities between him and his Financier HDB Financial Services, Trichirappallli.

For Petitioners : Mr.V.Singan For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl, side) *****

ORDER

This Criminal Original Petition has been filed seeking direction to the first respondent not to harass the petitioner. 2.The grievance of the petitioner is that he availed lona from the second respondent herein, now alleging that there is a default in payment, a complaint has been filed before the first respondent. Based on that, the first respondent is calling the petitioner for enquiry and harassing him. Even assuming there is a default in payment, it is only civil dispute, for which, the respondent Police cannot conduct any enquiry, and un-necessarily the respondent Police is interfering with the civil dispute and harassing the petitioner.

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

3.Today, when the matter was taken up for hearing, the learned Government Advocate (Criminal side) appearing for the first respondent, on instructions, submitted that based on a complaint given by the second respondent, the first respondent called the petitioner for enquiry, after enquiry, the complaint has been closed as civil dispute.

4.Considering the fact that already the complaint lodged by the second respondent has been enquired and closed as civil dispute, no further adjudication is required in the present Criminal Original petition. Accordingly, this Criminal Original Petition is closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The Assistant Commissioner of Police (Crime), District Crime, Heebar Road, Beema Road, Trichirappalli.

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

Order made in CRL.O.P.(MD).No.11312 of 2019 Dated:

13.08.2019 CS(28.08.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/