Madras High CourtCRL OP(MD)/18372/2019disposed of

M. Saravanan v. The Inspector Of Police

2021-11-25Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.18372 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.18372 of 2019 M.Saravanan ... Petitioner Vs 1.The Inspector of Police, South Gate Police Station (L & O), Madurai City.

2.A.Raja @ Kattu raja ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondent No.1 police herein not to harass the petitioner and her family members under the guise of enquiry and not to interfere in civil dispute.

For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.M.Muthumanikkam Counsel for Government of Tamil Nadu (Criminal Side) for R1 Mr.R.Babujaganath for R2.

O R D E R

This Criminal Original Petition has been filed seeking a direction not to harass the petitioner based on the complaint given by the second respondent herein.

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor would submit that based upon the undertaking given by the petitioner, enquiry is kept pending. A copy of the statement of the petitioner is also circulated.

3. The learned counsel stated that he will appear before the Enquiry Officer on 29.09.2021. But, before that, this petition came to be filed, stating that harrasment has been made by the second respondent herein. There is a money transaction between the petitioner and second respondent herein.

4. The learned counsel for the petitioner submits that on the earlier occasion, the second respondent gave a complaint which was also closed. With a direction to the petitioner to co-operate with https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.18372 of 2019 Enquiry Officer to complete the enquiry. Subsequently, it appears that he has given a statement that he appeared before the Enquiry Officer. Already a direction was given to the petitioner to appear before the Investigation Officer to cooperate to complete the enquiry. Stating that one Police Constable attached to the first respondent is making harrassment to settle the issue, this petition is filed. The first respondent is directed to complete the enquiry as directed by this Court in the above said Crl.O.P(MD)No.5683 of 2019 and if trouble arises during the course of enquiry, the petitioner has to work out the remedy through appropriate proceedings. Approaching this Court, again and again, for the very same relief, may not be proper.

5. With the above said direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) btr/gbg Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Inspector of Police, South Gate Police Station (L & O), Madurai City.

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

Crl.O.P(MD)No.18372 of 2019 25.11.2021 RD(14.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2