Karuppusamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.15191 of 2023 Karuppasamy ... Petitioner Vs.

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

2.The Inspector of Police, Thirupachethy Police Station, Sivagangai District.

3.Subramani

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent not to interfere in the civil dispute and not to harass the petitioner under the guise of enquiry based on the petitioner's representation, dated 12.08.2023.

For Petitioner : Mr.D.S.Haroon Rasheed For R1 and R-2 : Mr.B.Thanga Aravindh, Government Advocate(Criminal Side) 1/4

O RDER This Criminal Original Petition is filed under Section 482 of Cr.P.C. seeking for a direction to the respondent Police not to harass him basing on a complaint allegedly given by the third respondent.

2. It is submitted by the learned counsel for the petitioner that the petitioner has entered into an agreement orally to take the JCB of Pasuvaraj of Karnataka on lease and accordingly, the said Pasuvaraj has actually agreed and took JCB of the petitioner on lease, for which, the said Pasuvaraj has transferred an amount of Rs.5,00,000/- to the petitioner and Rs.2,85,000/- to the account of the third respondent. It is also submitted that, subsequently, the agreement was broken and the petitioner is ready to pay back the amount of Rs.5,00,000/- which he has received from the said Pasuvaraj. However, on a complaint given by the third respondent, respondent No.2 Police have been insisting the petitioner to pay Rs.2,85,000/- also which was taken by the third respondent from the said Pasuvaraj.

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3. Learned Government Advocate (Criminal Side) submits that the complaint given by the third respondent was enquired into and after considering the submissions of both sides, the complaint was closed on 21.11.2022 and subsequently, the respondent Police have not been calling the petitioner and the petitioner is not required in any case either in criminal case or CSR. The same is recorded.

4. Since there is no complaint pending against the petitioner, respondent Nos.1 and 2 Police have allegedly not interfered in the dispute with the petitioner and the third respondent, no further directions can be given in this case.

5. Accordingly, the Criminal Original Petition is closed. 30.08.2023 Speaking : Yes / No NCC : Yes / No Internet : Yes / No Index : Yes / No tsg 3/4

DR.D.NAGARJUN. J.

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

2.The Inspector of Police, Thirupachethy Police Station, Sivagangai District.

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

Crl.O.P.(MD) No.15191 of 2023 30.08.2023 4/4