Criminal Original Petition filed to direct third respondent not to harass petitioner regarding a money dispute. Court directed disposal based on merits and no harassment if no cognizable offence.
Directed third respondent to dispose of CSR.No.158 of 2021 based on merits within one week and not harass petitioner if no cognizable offence exists.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.(MD)No.3071 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.02.2021
CORAM :
THE HONOURABLE Mrs. JUSTICE R. HEMALATHA
Crl.O.P.(MD)No.3071 of 2021
Ananthi
... Petitioner
Vs.
1.The Commissioner of Police, O/o.The Commissioner of Police, Madurai City.
2.The Assistant Commissioner of Police, O/o.The Assistant Commissioner of Police, Thallakulam, Madurai.
3.The Inspector of Police, O/o.The Inspector of Police, Thallakulam Police Station, Madurai.
4.Pradeep
5.Santha ... Respondents
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the third respondent not to harass the petitioner under the guise of an enquiry.
For Petitioner : Mr.S.M.A.Jinnah For R1 to R3 : Mr.A.Robinson Government Advocate (Criminal Side)
ORDER
The present petition is filed seeking for a direction to the third respondent not to harass the petitioner under the guise of an enquiry.
2.The learned counsel appearing for the petitioner contended that the petitioner borrowed money from the fifth respondent and that at the instigation of the fifth respondent, the third respondent is harassing the petitioner by asking her to settle the entire amount due to the fifth respondent.
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Crl.O.P.(MD)No.3071 of 2021
3.Mr.A.Robinson, learned Government Advocate (Criminal side), who accepts notice on behalf of the respondents 1 to 3, on instructions, would contend that the fifth respondent lodged a complaint against the present petitioner stating that the petitioner did not repay the amount obtained from him and that the said complaint was registered in CSR.No.158 of 2021 and posted for enquiry.
4.Admittedly, the matter in dispute between the petitioner and the fifth respondent is purely a money transaction and therefore, the third respondent is directed to dispose of CSR.No.158 of 2021 based on merits and on findings within a period of one week from the date of receipt of a copy of this order/uploading of the order and in the meanwhile, the third respondent is also directed not to harass the petitioner based on the complaint lodged by the fifth respondent, if there is no cognizable offence.
5.With the aforesaid direction, the Criminal Original Petition is disposed of.
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
rmk
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 Commissioner of Police, O/o.The Commissioner of Police, Madurai City.
2.The Assistant Commissioner of Police, O/o.The Assistant Commissioner of Police, Thallakulam, Madurai.
2/3
Crl.O.P.(MD)No.3071 of 2021
3.The Inspector of Police, O/o.The Inspector of Police, Thallakulam Police Station, Madurai.
Crl.O.P.(MD)No.3071 of 2021
26.02.2021
NSM(CO) TR(22.03.2021) 3P 5C
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1 issue framed by the court
Whether the third respondent can be directed not to harass the petitioner under the guise of an enquiry regarding a money dispute.
1 provisions across 1 enactments
Ananthi
Commissioner of Police, Madurai City
Assistant Commissioner of Police, Thallakulam
Inspector of Police, Thallakulam
Pradeep
Santha
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
