IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.09.2022 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.7523 of 2022 and WMP.No.7526 of 2022 Radjkumar Gil ... Petitioner Vs

1.The Director General of Police(DGP), Office of the Director General of Police, No.4, Dumas Street, Puducherry

2.The Inspector General of Police(IGP), Officer of the Inspector General of Police, Beach Road, Puducherry

3.The Superintendent of Police(HQ), No.2, Dumas Street, Puducherry

4.The Senior Superintendent of Police (L&O), Office of the Senior Superintendent of Police (L&O), Orleanpet, Puducherry

5.The Superintendent of Police (East), Office of the Superintendent of Police (East), J.N.Street, Puducherry

6.The Station House Officer(SHO), Kalapet Police Station, Kalapet, Puducherry 7.Arulmani

8.Sivaprakasam

9.S.Kathirvel

10.R.Gnanasundaram ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus forbearing the respondent Nos.6 to 8 from harassing, threatening or intimidating the petitioner in the colour of investigation/enquiry in respect of complaint lodged by 9^th and 10^th respondents with regard to money transaction between the petitioner and 9^th and 10^th respondents, without resorting to any procedure established by law as it violates Articles 21, 14 & 19(1) g Constitution of India and consequently direct the respondent Nos.1 to 5 to consider the representation dated 10.02.2022 submitted by the petitioner and take appropriate departmental action against the respondent Nos.7 & 8 for abusing / misusing their office/post/position/power and thereby ensure fundamental right of the petitioner guaranteed under Articles 21, 14 & 19(1) g Constitution of India.

For Petitioner : Mr.M.Kannan For Respondents For R1 to 6 : Mr.V.Balamurugane, Public Prosecutor(Puducherry)

For R9 & 10: Mr.R.Sreedhar

ORDER

The writ petition has been filed for a direction forbearing the respondent Nos.6 to 8 from harassing, threatening or intimidating the petitioner in the colour of investigation/enquiry in respect of complaint lodged by 9^th and 10^th respondents with regard to money transaction between the petitioner and 9^th and 10^th respondents, without resorting to any procedure established by law as it violates Articles 21, 14 & 19(1) g Constitution of India and consequently direct the respondent Nos.1 to 5 to consider the representation dated 10.02.2022 submitted by the petitioner and take appropriate departmental action against the respondent Nos.7 & 8 for abusing / misusing their office/post/position/power and thereby to ensure fundamental right of the petitioner guaranteed under Articles 21, 14 & 19(1) g Constitution of India.

2. The learned counsel for the petitioner would submit that there is a dispute between the petitioner and the tenth respondent herein in respect of running a bar by leasehold rights. On the complaint lodged by the ninth and tenth respondents, the respondents 6 to 8 called upon the petitioner to the police station and under coercion, received cheques from the petitioner in favour of the ninth respondent herein.

3. The learned Additional Public Prosecutor submitted that the petitioner was called for enquiry on the complaint lodged by the ninth respondent. However, it was closed and there was negotiation between the petitioner and the ninth respondent and as such, respondents 6 to 8 are nothing to do with the compromise between the petitioner and the ninth respondent herein.

4. In view of the above submissions, respondents 6 to 8 are directed not to interfere with the civil dispute pending between the petitioner and the ninth respondent herein except any offence committed by the petitioner or by respondents 9 and 10 herein.

5. With the above direction, this writ petition is disposed of.

Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

15.09.2022 Index :Yes/No Internet : Yes/No Speaking order/non-speaking order lok G.K.ILANTHIRAIYAN, J.

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