Jeyaraja v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Jeyaraja ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Melur, Madurai District.

3.The Inspector of Police, District Crime Branch, Sivagangai, Sivagangai District.

4.Mohammed Hanifa 5.Sirajudeen ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 3rd respondent not to harass the petitioner and his family members based 1/5

on the representation dated 17.07.2023 in any manner under the guise of enquiry based on the 4th and 5th respondent's false complaint. For Petitioner : Mr.A.Prasanna Rajadurai For R1 to R3 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) O RDER This petition is filed seeking for a direction to the respondent No.3 police not to harass the petitioner on a complaint given by the unofficial respondent Nos. 4 and 5.

2.According to the petitioner, he and the respondent Nos.4 and 5 intended to do quarry business, but the permission could not be obtained and during the process, money was spent by both the respondent Nos.4 and 5 and the petitioner. The respondent Nos.4 and 5 have filed a complaint before the respondent No.3 police for recovery of money spent while making attempts to get the permission. 3.The learned Government Advocate (Crl.side) on the other hand submits that the respondent Nos.4 and 5 have given an amount of Rs.13,00,000/- to the 2/5

petitioner for obtaining permission and filed a complaint in respect of that when the petitioner failed to return the same. It is also submitted that the petitioner appeared before the police for enquiry and gave an undertaking that he would pay back an amount of Rs.13,00,000/- taken from the respondent Nos.4 and 5. It is also submitted that the petition filed by the respondent No.4 was returned on 11.05.2023 holding that the dispute between the petitioner and the respondent Nos.4 and 5 is purely civil in nature and in case, if any grievance, the parties were directed to approach the appropriate civil Court. 4.Since the dispute between the petitioner and the respondent Nos.4 and 5 is purely civil in nature, the respondent police are directed not to intervene and advise the parties accordingly in case if any of the parties approach with regard to this complaint. This Petition is disposed of, accordingly. Speaking : Yes / No 07.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No 3/5

To 1.The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Deputy Superintendent of Police, Melur, Madurai District.

3.The Inspector of Police, District Crime Branch, Sivagangai, Sivagangai District.

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.13899 of 2023 07.08.2023 5/5