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Madras High CourtCRL OP(MD)/22691/2023dismissed

D.Archunan v. The Commissioner Of Police

2023-12-18Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN D.Archunan ... Petitioner Vs.

1.The Commissioner of Police, Office of the Commissioner of Police, Alagarkovil Road, Madurai.

2.The Inspector of Police, Anna Nagar Police Station, Madurai City, Madurai District.

3.Maheswari ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the 1st respondent to instruct the 2nd respondent not to harass the petitioner under the guise of enquiry without due process of law.

For Petitioner : Mr.Karunanithi For R1 & R2 : Mr.R.M.Anbunithi Addl.Public Prosecutor (Crl.side) 1/4

ORDER

This Criminal Original Petition is filed to direct the 1st respondent to instruct the 2nd respondent not to harass the petitioner under the guise of enquiry without due process of law.

2. Learned Additional Public Prosecutor submitted that enquiry was conducted on the basis of the complaint given by the third respondent. During the enquiry, the petitioner and the counter parties appeared and the petitioner and the third respondent gave an undertaking that they will substitute the property, by selling out some other property situated in Survey No.39/1A2A1. On the basis of the undertaking and agreement reached between the parties, the complaint was closed. But she has not complied the same.

3. Per contra, learned counsel for the petitioner submitted that he was only an introducer of the other party namely Syed Ibrahim and no way involved in the issue between the complainant and the said Syed Ibrahim.

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4. However, these statements cannot be taken out at this stage. Undertaking was given by the petitioner. There is no question of harassment. This petition has been filed by suppressing the facts and therefore, this Court is not inclined to entertain this petition.

5. Accordingly, this Criminal Original Petition is dismissed. 18.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn To 1.The Commissioner of Police, Office of the Commissioner of Police, Alagarkovil Road, Madurai.

2.The Inspector of Police, Anna Nagar Police Station, Madurai City, Madurai District.

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

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G.ILANGOVAN ,J.

pnn 18.12.2023 4/4