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Madras High CourtCRL OP(MD)/12953/2023disposed of

A.Samson Daniel v. The Commissioner Of Police

2023-07-19Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2023

CORAM

THE HON'BLE DR.JUSTICE D.NAGARJUN A.Samson Daniel ... Petitioner Vs.

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

2.The Assistant Commissioner of Police, Cantonment Circle, Trichy City.

3.The Inspector of Police, Session Court Police Station, Trichy City.

4.L.Padmapriya 5.L.Janani ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents 2 and 3 not to harass the petitioner under the guise of enquiry by considering the petitioner's representation dated 10.07.2023.

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For Petitioner : Mr.S.M.Ramasiva For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition is filed seeking for a direction to the respondents 2 and 3 not to harass the petitioner basing on the complaint given by the respondents 4 and 5.

2. It is submitted by the learned counsel appearing for the petitioner that he has borrowed a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) from the respondents 4 and 5 as hand loan , out of which, he has repaid a sum of Rs.7,00,000/- (Rupees Seven Lakhs only). The rest of Rs.3,00,000/- (Rupees Three Lakhs only) to be paid. The petitioner is stated to have requested time to pay the balance amount to the respondents 3 and 4. After expiry of the time period, the respondents 4 and 5 have approached the petitioner and were demanding to pay a sum of Rs.25,00,000/-. Aggrieved by the same, he has filed a suit in O.S.No.286 of 2023 on the file of the District Munsif Court, Trichy not to interfere with the day-to-day activities of the petitioner by the respondents 4 and 5. It is also submitted that basing on a complaint given 2/5

by the respondents 4 and 5, earlier the petitioner appeared before the second respondent Police and even thereafter, the second respondent Police have been calling the petitioner and harassing.

3. The learned Government Advocate (Criminal side) appearing for the official respondents would submit that basing on the representation given by the respondents 4 and 5, the second respondent has directed the petitioner to appear. In response to the same, the petitioner appeared and took time. Thereafter, he never came back to the Police Station. It is further submitted that the representation pending before the second respondent will be disposed of within a period of two weeks.

4. Considering the submission made by the learned Government Advocate (criminal side) appearing for the official respondents, the petitioner is directed to appear before the second respondent Police along with his counsel on 24.07.2023 and the second respondent is directed to dispose of the representations given by the petitioner and the respondents 4 and 5 within a period of two weeks thereafter. 3/5

5. Accordingly, this Criminal Original Petition is disposed of. 19.07.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No ssb To 1.The Commissioner of Police, Trichy City, Trichy.

2.The Assistant Commissioner of Police, Cantonment Circle, Trichy City.

3.The Inspector of Police, Session Court Police Station, Trichy City.

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

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DR.D.NAGARJUN,J ssb Crl.O.P.(MD)No.12953 of 2023 Dated: 19.07.2023 5/5