High CourtsSingle Bench(2018) 01 MAD CK 0463

M.Srinivasan vs The Commissioner of Police & ors.

Madras High Court · Decided on 3 January 2018

HON’BLE JUDGES
P.Rajamanickam
CASE NUMBER
17941 of 2017

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Judgment

14 paragraphs · 262 words
1.

This petition has been filed by the petitioner to direct the second respondent not to interfere in this Pure Civil Dispute and also direct the

respondents not to harass the petitioner under the guise of enquiry.

2.

The learned counsel appearing for the petitioner submitted that the third respondent borrowed a sum of Rs.10,00,000/- (Rupees ten lakhs only)

from the petitioner and for recovery of the said amount the petitioner has already filed a suit in O.S.No.106 of 2017, on the file of the I Additional

District Judge, Madurai and the said suit is still pending. He further submitted that the third respondent lodged a complaint before the second

respondent against the petitioner and the same was closed, after the enquiry and subsequently, the third respondent lodged another complaint

against the petitioner. He further submitted that since already the complaint was closed, there is no necessity to summon the petitioner again and

hence he prays for passing of an appropriate order.

3.

The learned Government Advocate (Crl.side) submitted that the earlier complaint was closed, after the enquiry. But thereafter, the third

respondent gave another complaint to the first respondent and the same has been forwarded to the second respondent and in order to dispose of

the said petition, the petitioner has to appear before the second respondent.

4.

Considering the both sides'' submissions, the petitioner is directed to appear before the second respondent for enquiry and at the time of

enquiry, the second respondent should not harass the petitioner.

5.

With the aforesaid observations, this criminal original petition is disposed of.