P.B.Chinnavenkata Raja v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2023

CORAM

THE HON'BLE DR.JUSTICE D.NAGARJUN 1.P.B.Chinnavenkata raja 2.P.B.Jeyasubramaniam 3.P.C.Sudha 4.P.J.Geetha 5.P.J.Balram ... Petitioners Vs.

1.The Superintendent of Police, District Police Office, Virudhunagar District, Virudhunagar.

2.The Inspector General of Police, District Crime Branch, Virudhunagar District, Virudhunagar.

3.W.Sandiego Arogiyam ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondents 1 and 2 not to harass the petitioners in the guise of enquiry into the matter which is in the nature of civil dispute on the basis of the petition dated 06.06.2023 given by the third respondent.

1/5

For Petitioner : Mr.P.Athimoolapandian For R1 and R2 : Mr.S.S.Madhavan Government Advocate (Crl. side)

ORDER

This Criminal Original Petition is filed seeking direction to the respondents 1 and 2 police, not to harass the petitioner under the guise of enquiry in the civil dispute, basing on the petition filed on 06.06.2023. It is submitted by the learned counsel for the petitioner that there are monetary issue between the petitioners and the third respondent who has filed complaint against the petitioners under Section 138 of Negotiable Instruments Act.

2. It is also submitted that earlier the third respondent has filed similar complaint before the Superintendent of Police, Sivagangai and the Inspector of Police, Sivagangai District and challenging the same, the petitioner has approached this Court in Crl.O.P.(MD)No.4489 of 2023, wherein interim directions have been passed by this Court, during the course of proceedings, the parties to the said petition were asked to appear for mediation which is scheduled to be held today. The third 2/5

respondent again filed similar application before the respondents 1 and 2 herein and sought for an interferene of this Court. 3.The learned Government Advocate (Crl.side) after going through the record submitted that the issue raised by the third respondent in a representation given before the 1 and 2 respondents and the issue seized of by this Court in Crl.O.P(MD)No.4489 of 2023 are one and the same.

4. When the matter is already seized by this Court, the third respondent should not have filed a similar application before the respondents 1 and 2.

5. Considering the circumstances, the petitioner is directed to appear before the respondents 1 and 2 police on 31.07.2023, on which the respondents 1 and 2 police are directed to close the representation within a period of two weeks thereafter without proceeding any further. 3/5

6. With this direction, this Criminal Original Petition is disposed of.

25.07.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn To 1.The Superintendent of Police, District Police Office, Virudhunagar District, Virudhunagar.

2.The Inspector General of Police, District Crime Branch, Virudhunagar District, Virudhunagar.

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

4/5

DR.D.NAGARJUN, J.

pnn Order made in W.P.(MD)No. 13257 of 2023 Dated: 25.07.2023 5/5