D.Manivannan v. The Superintendent Of Police

Crl.O.P.(MD)No15095 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.15095 of 2021 D.Manivannan ... Petitioner Vs.

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

2.The Inspector of Police, Bodinayakanur Town Police Station, Theni District.

3.L.Prasath ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent not to harass the petitioner by frequently summoning him to appear before the respondent's police under the guise of enquiry since the matter pertaining to the civil dispute.

For Petitioner : Mr.A.D.Ganeshamoorthi For Respondents : Mr.R.M.S.Sethuraman for R1 and R2 Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to the 2nd respondent not to harass the petitioner by frequently summoning him to appear before the respondent's police under the guise of enquiry since the matter pertaining to the civil dispute. 2.The case of the petitioner is that he is working as a Development Officer in Dhanalakshmi Chit Fund at Palani for more than six years. On 29.04.2021, one Murugan along with the petitioner's friend approached him to arrange a Car loan by pledging the Maruthi Suziki Ertiga Car bearing Registration No.TN 60 AW 7701. Hence, loan was arranged by the petitioner from one Gopi and the vehicle was also handed over to the Gopi. Thereafter, the loan amount was also settled to the Gopi. But on 20.09.2021, the police came to the residence of the petitioner and enquire about the above said vehicle. It appears that the above said Murugan re-pledged the above said vehicle to some other person. Based upon the complaint given by the third respondent, harassment has been made to the petitioner.

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Crl.O.P.(MD)No15095 of 2021 3.The learned Additional Public Prosecutor would submit that based upon the complaint given by the third respondent a case in Crime No.1274 of 2021, dated 29.09.2021, has been registered against some accused persons. One among them is the petitioner and the petitioner is still absconding. Since the case has been registered against the petitioner, question of harassment does not arise. 4.Suppressing the fact that the case has been registered against this petitioner, this petition came to be filed. I find not merit in this case. The petitioner is directed to appear before the respondent police and co-operate with him to complete the investigation and depending upon the outcome of the investigation, he has to workout his remedy through appropriate proceedings. 5.With the above directions, this criminal original petition is dismissed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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, Theni District, Theni. 2.The Inspector of Police, Bodinayakanur Town Police Station, Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.15095 of 2021 05.10.2021 MGJ(21.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2