R.Senthilkumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 25.11.2022

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP S.Senthilkumar ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Sattur Taluk, Sattur, Virudhunagar District.

3.The Inspector of Police, Town Police Station, Sattur, Virudhunagar District.

4.Vinothkumar 5.Uma

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to issue direction directing the third Respondent not to harass the Petitioner.

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For Petitioner : Mr.S.Ponsaravanan For R1-R3 : Mr.T.Senthilkumar Additional Public Prosecutor

ORDER

This Petition had been filed to direct the third Respondent not to harass the Petitioner.

2.The learned Counsel appearing for the Petitioner submitted that the Petitioner is working as a Civil Engineer. On 27.07.2021, he entered into a building contract with the 4th Respondent. After put up construction, there had been leakage in the sealing. Therefore, instead of rectifying the said defect, the 4th Respondent had approached the third Respondent. He further submitted that the 5th Respondent is the wife of 4th Respondent. The 5th Respondent's cousin is serving as the Sub Inspector of Police in the Town Police Station, Sattur. Using his influence, the 4th and 5th Respondents had preferred a complaint to the third Respondent. The third Respondent alleged to have threatened the Petitioner's father to part with the amount of oral undertaking. The 2/5

Petitioner's father was taken to Police station and detained. Therefore, the Petitioner had approached this Court seeking direction against Respondents.

3.In the light of the reported Ruling of the Hon'ble Supreme Court of India in the case of Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353, the third Respondent is directed not to harass the Petitioner for a civil dispute which was converted into criminal case which may attract contempt of Court. 4.With the above direction, the Criminal Original Petition is disposed of.

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

2.The Deputy Superintendent of Police, Sattur Taluk, Sattur, Virudhunagar District.

3.The Inspector of Police, Town Police Station, Sattur, Virudhunagar District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

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