Siva Shankar Babu v. The District Superintendent Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.5.2016

CORAM

THE HONOURABLE MR. JUSTICE B. GOKULDAS Crl.O.P.No.10141 of 2016 Siva Shankar Babu ... Petitioner Vs

1. The District Superintendent of Police, Vellore District, Vellore.

2. The Inspector of Police (Crime), Ranipet Police Station, Vellore District ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd respondent herein not to harass the petitioner in any manner except by due process of law pursuant to the representation dated 27.4.2016.

For Petitioner :

Mr.T.Muruganantham For respondents :

Mr.K.Prabakaran Govt. Advocate (Crl.Side)

O R D E R

The present criminal original petition has been filed for a direction to the 2nd respondent not to harass the petitioner in any manner except by due process of law pursuant to the representation dated 27.4.2016.

2. In the petition, it has been stated as follows; (i) the petitioner is doing Leather business under the name and style of Trisul Overseas and during the course of his business he purchased leather from one Viswanathan, who is the Proprietor of Kalaivani Leather, Erode. After some time, when the petitioner noticed certain defects in the leather supplied by the said Viswanathan, he slowly stopped purchasing leather from him. As the business of Viswanathan was affected, he gave a complaint against the petitioner alleging that the petitioner is in due of money to him towards the supply of leather. The petitioner was called by the 2nd respondent for enquiry and after enquiry is over, the 2nd respondent stated that the petitioner is innocent and the said Viswanathan has given false complaint against the petitioner.

(ii) Again on 20.4.2016, the petitioner was called by the 2nd respondent on the basis of the complaint lodged by the said Viswanathan and he was compelled to settle further amount and he has been detained in the police station for whole day and he is allowed to go out only in the evening, due to which, the petitioner is put to great hardship and harassment and the regular work and his business have also badly affected. Hence the petitioner has come forward with

this Criminal Original Petition seeking a direction to the 2nd respondent not to harass him under the guise of enquiry.

3. Learned counsel for the petitioner submitted that it is purely a civil transaction and in order to give a criminal colour, a false complaint has been lodged by the said Viswanathan against this petitioner. He would further submit that the petitioner gave a representation dated 27.4.2016 before the 2nd respondent requesting not to harass him further in respect of the complaint given by the said Viswanathan. Thus he prayed for a direction.

4. Heard the learned Government Advocate, (Criminal Side) appearing for the respondents.

5. Considering the submissions made by the learned counsel appearing for the petitioner and the learned Government Advocate, (Criminal Side), this Court is constrained to pass the following order:- (i) The petitioner is directed to cooperate with the enquiry.

(ii) The 2nd respondent police is directed to conduct

the enquiry on the complaint lodged by the said Viswanathan and dispose of the petitioner's representation dated 27.4.2016 on merits and in accordance within a period of fifteen days from the date of receipt of a copy of this order. While conducting enquiry, the 2nd respondent shall not harass the petitioner.

6. The criminal original petition is disposed of accordingly. 26.05.2016 msr To

1. The District Superintendent of Police, Vellore District, Vellore.

2. The Inspector of Police (Crime), Ranipet Police Station, Vellore District 4.The Public Prosecutor, High Court, Madras.

B. GOKULDAS msr Crl.O.P.No.10141 of 2016 DATED: 26.5.2016