Gopady v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2023

CORAM:

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

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

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

3.Inspector of Police, Kodaikanal Police Station, Dindigul District.

..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents not to harass the petitioner in the name of enquiry to settle the civil dispute.

For Petitioner :Mr.V.Elangovan For Respondents :Mr.B.Thanga Aravindh Government Advocate (crl.side) 1/5

O RDER This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking for a direction to the respondent police not to harass the petitioner under the guise of enquiry.

2.It is submitted by the learned counsel for the petitioner that the petitioner is the Mediator in a business deal between the two companies, by name, Aesun Beverages and Alankar Wine Private Private Limited and in the business agreement, there is a clause of arbitration. It is submitted that on account of the disputes, one of the parties has filed a complaint before the respondent police and the police have issued summons asking the petitioner to appear before them on 24.07.2023 in CSR.No.285 of 2023 and submitted further that the petitioner is noway concern to the dispute, thereby sought for suitable directions. 3.The learned Government Advocate (Crl.side) submits that the enquiry in CSR.No.285 of 2023 is pending as the petitioner has not appeared for enquiry, the learned Government Advocate (Crl.side) reported that the police will complete the enquiry soon after the petitioner's appearance. 2/5

4.Since a complaint is filed against the petitioner in CSR.No.285 of 2023, the petitioner is directed to approach the respondent police and give an explanation in respect of his role in the alleged deal between the two companies and on such appearance, the respondent police are directed to complete the enquiry as quickly as possible not later than two weeks from the date of receipt of a copy of this order. It is needless to state that in case if the dispute between the parties is civil in nature, the respondent police are expected not to intervene. Speaking : Yes / No 31.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Superintendent of Police, Dindigul, Dindigul District.

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

3.Inspector of Police, Kodaikanal Police Station, Dindigul District.

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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.15327 of 2023 31.08.2023 5/5