Madras High CourtCRL OP(MD)/14668/2021disposed of

V. Pugalenthi v. The Superintendent Of Police

2021-09-29Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD) No.14668 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.14668 of 2021 V.Pugalenthi ... Petitioner Vs.

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

2.The Inspector of Police, Town Police Station, South Main Street, Pudukottai Town and District.

3.K.Hasanutheen ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, directing the 2nd respondent not to interfere in the civil dispute between the petitioner and the 3rd respondent and further direct him to discontinue the harassment on the petitioner in this regard forthwith.

For Petitioner : Mr.S.Alagusundar For R1 & R2 : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition is filed seeking direction to the 2nd respondent not to interfere in the civil dispute between the petitioner and the 3rd respondent herein, on the basis of the compliant given by the 3rd respondent.

2.When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that based upon the complaint given by the 3rd respondent herein, enquiry was undertaken in CSR.No.5 of 2021 and during the course of enquiry, both parties appeared and this petitioner orally gave a statement to the effect that he will workout his remedy through proper civil proceedings and also refused to give statement in writing.

3.The complainant insisted that this petitioner has misrepresented as well as suppressed many of the facts in the sale agreement. Finding that it is purely a civil dispute between the parties, it was closed on 10.01.2021. Since the complaint given by the 3rd respondent has been closed, nothing survives for further https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.14668 of 2021 consideration or direction in this petition.

4.The learned counsel appearing for the petitioner would submit that even though the learned Additional Public Prosecutor submitted that the complaint given by the 3rd respondent has been closed on 10.01.2021, summon has been issued to the petitioner on 23.02.2021. 5.Perusal of summon shows that the petitioner herein was directed to appear before the Enquiry Officer without fail on 24.02.2021 at about 05.00 pm., along with all relevant documents. Since the complaint has already been closed, the petitioner need not be appear before the Enquiry Officer.

6.With the aforesaid observation, this petition is disposed of as no more consideration or direction is required in this petition. Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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, Pudukottai District, Pudukottai.

2.The Inspector of Police, Town Police Station, South Main Street, Pudukottai Town and District.

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

Crl.O.P.(MD)No.14668 of 2021 29.09.2021 NSN(CO)/RS (12.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2