Manikandan v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.553 of 2022 Manikandan ... Petitioner

Versus

1.The Superintendent of Police, Cuddalore District.

2.The Inspector of Police, District Crime Branch, Cuddalore District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., to issue direction to the respondents not to harass the petitioner.

For Petitioner : Mr.M.Mohamed Riyaz For Respondents : Mr.R.Vinothraja Government Advocate [Crl. Side]

O R D E R

This Criminal Original Petition is filed to issue direction to the respondents not to harass the petitioner. 2.The contention of the petitioner is that the petitioner had married to one Alamelu 24 years before. Out of the marriage a daughter was born. She is now married and settled. The petitioner is working in a private concern. The petitioner's wife is running a saree business, for her business she had received loan from several persons. For settling the above said loan dues the petitioner is being harassed. For which, the petitioner had sold his property and settled the dues of his wife to an extent. The petitioner had filed a divorce petition before the Family Court, Cuddalore. The petitioner is being harassed by the respondent police to repay the above said loan dues.

The petitioner had appeared before the respondent police and explained his position. 3.The learned Government Advocate submits that the contention of the petitioner is contrary to the complaint given by the counter complainants. The petitioner along with his wife and family members had indulged in the chit fund https://hcservices.ecourts.gov.

business and cheated 18 persons to the tune of Rs.1 Crore. Now it is found that there are several other persons were cheated in a concerted manner. Now the said case is transferred to the file of the EOW Police Wing, Cuddalore. 4.Considering the submissions and on perusal of materials, this court finds that there is a specific allegation against the petitioner and his family members. Three current papers have been received. For which the petitioner has been called for enquiry, which cannot be termed as harassment. In view of the same, the petitioner is directed to appear before the EOW Police, Cuddalore to give his explanation with contemporary documents.

5.With the above directions, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar ah To 1.The Superintendent of Police, Cuddalore District.

2.The Inspector of Police, District Crime Branch, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Mohamed Riyaz, Advocate SR.No.2636 CRL.O.P.No.553 of 2022 CP(CO) GMY(04/02/2022) https://hcservices.ecourts.gov.in/hcservices/