Madras High CourtCRL OP(MD)/17476/2022disposed of

D.Subash v. The Superintendent Of Police

2022-10-17Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.17476 of 2022 D.Subash

...Petitioner

vs 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Deputy Superintendent of Police, Palani, Dindigul District.

3.The Inspector of Police, Palani Town Police Station, Dindigul District.

4.M/s.Earthly Harvest Company, No.1918/1, Peelavadi Main Road, Mysore, Karnataka State.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the third Respondent not to harass the Petitioner on a civil dispute and also based on the fabricated and created document with complaint dated 26.08.2022.

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For Petitioner : Mr.T.Ramasamy For R1 to R3 : Mr.R.Suresh Kumar Government Advocate (Crl.side) For R4 : No appearance

ORDER

This Criminal Original Petition has been filed to direct the third Respondent not to harass the Petitioner.

2.It is the submission of the learned Counsel for the Petitioner that the defacto complaint had given the complaint. Subsequent to the complaint, the Petitioner and the complainant/the fourth Respondent had amicably settled the dispute.

3.The learned Government Advocate (Crl.side) for the Respondents 1 to 3 would submit that the third Respondent had conducted an enquiry. During the enquiry, the Petitioner had settled a sum of Rs.1,40,000/- and undertook to pay the balance amount on or before 25.08.2022. Till date, the Petitioner had not repaid the amount as per the undertaking. 2/4

4.In the light of the above, the Respondents 1 to 3 are directed to act as per the reported ruling of the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar and another [2014 (8) SCC 273]. 5.With the above direction, this Petition is disposed of. Internet:Yes/No 17.10.2022 Index:Yes/No mm To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Deputy Superintendent of Police, Palani, Dindigul District.

3.The Inspector of Police, Palani Town Police Station, Dindigul District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.17476 of 2022 17.10.2022 4/4