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2025 Supreme(Online)(Mad) 17158

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, J
L.Mathialagan – Appellant
Versus
The Inspector of Police K-8 Police Station Arumbakkam, Chennai - 600 106 – Respondent
W.P.No.39913 of 2024



Advocates:
For the Appellants/Petitioners: Mr.M.Prabhakar
For the Respondents: Mr.S.Sugendran Additional Public Prosecutor

The court ruled that money disputes cannot be criminalized, rendering the writ petition not maintainable.

Headnote:In the context of Article 226 of the Constitution of India, the petitioner seeks a Writ of Mandamus directing the police to take legal action against the second respondent based on a representation dated 04.09.2023. The court found the matter a civil money dispute rather than a criminal offense, deeming the petition not maintainable. As a result, the petition was dismissed without costs, allowing the petitioner to seek remedy via legal means.

Table of Content
1. petitioner's request for police action regarding a money dispute. (Para 1 , 2)
2. court acknowledges the arguments presented by both sides. (Para 3)
3. court finds that the matter is a civil dispute, not criminal. (Para 4 , 5)
4. writ petition dismissed; no costs awarded. (Para 6)

ORDER

This Writ Petition has been filed by the petitioner to direct the 1st respondent to take appropriate legal action as against the 2nd respondent, based on the petitioner's representation dated 04.09.2023 made to the 1st respondent in person in accordance with law.

2. The learned Additional Public Prosecutor appearing for the respondent police submitted that based on the complaint given by the petitioner against the 2nd respondent, enquiry was conducted in C.S.R. No.491 of 2024 and since it was found there was a money dispute between the parties, the same was closed.

3. Heard the learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the 1st respondent and perused the materials available on record.

4. Since no adverse order is being passed against the 2nd respondent, notice to the 2nd respondent is dispensed with.

5. It is seen that the petitioner is trying to give criminal colour to a money transaction. Therefore, this Writ Petition is not maintainable.

6. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

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