Madras High CourtCRL OP(MD)/15259/2021disposed of

Cyril Pradeep v. The Superintendent Of Police

2021-10-06Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.15259 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2021 CORAM :

THE HONOURABLE Mr.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.15259 of 2021 Cyril Pradeep ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Ambasamudram, Tirunelveli.

3.The Inspector of Police, Ambasamudram Police Station, Ambasamudram, Tirunelveli.

4.Balaji 5.Christina Cathrin 6.Rajesh ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second and third respondents not to harass the petitioner in the guise of enquiry on the basis of the petitioner's representation dated 27.09.2021. For Petitioner : Mr.V.Sorimuthu For R1 to R3 : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition is filed seeking a direction to respondent police not to harass the petitioner on the basis of the complaint given by the private respondents.

2.When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that based on the compliant given by the petitioner himself, enquiry was undertaken in C.No.40535 of 021 and during the course of enquiry, it was found that it was money dispute between the parties and this petitioner gave undertaking to the effect that he received money from the sixth respondent, namely Rajesh and he has also given undertaking to the effect that he will repay the amount on or before 07.10.2021. 3.The learned counsel for the petitioner would submit that there is pressure by the third respondent to pay the entire amount https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15259 of 2021 to the sixth respondent.

4.It is seen from the submission of the learned Additional Public Prosecutor that the petitioner himself has given an undertaking before the enquiry officer, then the question of harassment may not arise. Suppressing the above said undertaking, this petition came to be filed. Considering the fact that there is money dispute between the parties and recording the undertaking given by the petitioner himself, this Criminal Original Petition is disposed of with a direction to the third respondent to close the enquiry.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Ambasamudram, Tirunelveli.

3.The Inspector of Police, Ambasamudram Police Station, Ambasamudram, Tirunelveli.

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

+1 CC to M/s.V.SORIMUTHU, Advocate ( SR-31487[F] dated 07/10/2021 ) Crl.O.P.(MD)No.15259 of 2021 06.10.2021 NSN(CO) RS/PM (01.11.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2