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Madras High CourtCRL OP(MD)/18759/2022disposed of

Ratanlal Daga v. The Deputy Superintendent Of Police

2023-01-23Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Ratanlal Daga ... Petitioner Vs.

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

2.The Inspector of Police, District Crime Branch, Tuticorin, Tuticorin District.

3.Kiran Devi Daga 4.Sabitha Bothra ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the second respondent to not to harass the petitioner in the guise of enquiry on the complaint given by the third and fourth respondents.

For Petitioner : Mr.Lakshmi Gopinathan for M/s.Polax Legal Solutions For R1 & R2 : Mr.R.Sivakumar Government Advocate (for R1 & R2) Ms.S.Anusha for Mr.Henry Thiphanse (for R3, R4) 1/5

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the second respondent not to harass the petitioner under the guise of an enquiry on the complaint given by the third and fourth respondents.

2. The learned counsel for the petitioner would submit that previously enquiry was conducted in respect of a complaint given by the respondents 3 and 4 by the Superintendent of Police, Kovilpatti and the same was closed. Now, the Inspector of Police, District Crime Branch has directed the petitioner to produce the document again.

3. The learned Government Advocate (Crl.side) appearing for the respondents 1 and 2 would submit that the Inspector General of Police, South Zone, Madurai, after seeing the report of the Superintendent of Police, Thoothukudi District, has directed the Inspector of Police, DCB, Thoothukudi, to discuss with the details. In the closure report of the Superintendent of Police, he had come to a decision that since there 2/5

existed business transaction dispute between the parties, they have to approach the competent civil Court for further course of action.

4. The learned counsel for the petitioner would submit that even in the earlier enquiry they have produced the documents.

5. Recording the submissions made on either side, the Inspector of Police, DCB, Thoothukudi, is directed to proceed with the enquiry and take necessary action in accordance with law within a period of three weeks from the date of receipt of a copy of this order.

6. This Criminal Original Petition is disposed of accordingly. 23.01.2023 NCC :

Yes / No Index :

Yes / No Rmk 3/5

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

2.The Inspector of Police, District Crime Branch, Tuticorin, Tuticorin District.

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

4/5

K.MURALI SHANKAR,J., Rmk Order made in Dated: 23.01.2023 5/5