R.Santosh Nirmal v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.12995 of 2023 R.Santosh Nirmal ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Koodalnagar Police Station, Madurai City.

3.Alexandar ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent not to harass the petitioner and his family members based on the enquiry.

For Petitioner : Mr.S.P.Prabakaran For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate Crl.Side) O RDER This Criminal Original Petition is filed for direction to the police not to harass the petitioner on a complaint alleged to have been given by the third respondent on 30.06.2023.

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2. It is submitted by the learned counsel for the petitioner that the third respondent has sold some immovable property to the extent of 3 acres 33 cents in re-survey No.67/1, situated at Ayan Sathampadi village, Natham Taluk, Dindigul District, in favour of the petitioner under a registered sale deed in Doc.No.1167/2023 dated 24.04.2023 for a valid consideration. Subsequently, the third respondent has started demanding that on account of increase of the prices in immovable properties, the petitioner has to pay an additional amount of Rs.10,00,000/-. On the refusal to pay, the third respondent approached the respondents 1 and 2 and filed a complaint on 30.06.2023. Basing on which the respondents 1 and 2 have been harassing the petitioner through phone and asking the petitioner to pay the balance of Rs.10,00,000/- as demanded by the third respondent. Therefore, this petition has been filed seeking a suitable direction.

3. The learned Government Advocate (Crl.side) appearing for the respondents 1 and 2 would submit that the respondents 1 and 2 have never harassed and on receipt of a complaint dated 30.06.2023 from the third respondent, the second respondent has issued notice dated 03.07.2023 asking the petitioner to appear on 07.07.2023. The petitioner 2/4

instead of appearing before the police and explaining his cause, has approached this Court with this petition.

4. The learned counsel for the petitioner also reported that subsequently, on receipt of notice to appear before the concerned police on 07.07.2023, the petitioner has not chosen to appear before the respondent.

5. Considering the same, this Criminal Original Petition stands dismissed, directing the petitioner to appear before the police concerned / second respondent on 22.07.2023 and explain relevant facts with regard to civil disputes and on such appearance, the second respondent police is directed to dispose of the representation of the third respondent within a period of two weeks there after.

19.07.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No Note: Issue order copy on 20.07.2023 pnn 3/4

DR.D.NAGARJUN. J.

pnn To 1.The Commissioner of Police, Madurai City, Madurai. 2.The Inspector of Police, Koodalnagar Police Station, Madurai City. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 19.07.2023 4/4