G.Ligi Thiyagu v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No. 504 of 2020 G. Ligi Thiyagu

...Petitioner

-Vs1. The Commissioner of Police, Greater Chennai, Vepery, Chennai.

2. The Assistant Commissioner of Police, Kilpauk, Chennai.

3. The State by Inspector of Police, (Crime), G-7, Chetpet Police Station, Chennai.

... Respondents Prayer:

Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents not to harass the petitioner.

For Petitioner : Mr.R.Dhanasekar For respondents : Mr.Mohamed Riyaz, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the respondents not to harass her under the guise of enquiry.

2. The learned counsel for the petitioner has submitted that the petitioner has been provided one of the franchise of M/s.The Red Box, situated at Kilpauk, Chennai on 06.06.2018 for which the petitioner has paid a sum of Rs.3,00,000/- towards non-refundable deposit along with her partners. He further submitted that the petitioner in order to develop the business, she further invested a sum of Rs.30,00,000/- by availing loan from various persons. He further submitted that https://hcservices.ecourts.gov.in/hcservices/

the fact remains so, the management of the said M/s.Red Box has lodged a false complaint against the petitioner and based on the said complaint, the respondent police are harassing the petitioner and hence he requested to direct the respondents not to harrass the petitioner under the guise of enquiry.

3. The learned Additional Public Prosecutor has submitted that since a complaint was lodged against the petitioner, only for enquiry purpose, she was called and she was not subjected to any harassment.

4. Considering the aforeasaid submissions, the third respondent is directed to verify the complaint said to have been lodged against the petitioner and if the said complaint discloses any cognizable offence, he has to register a case. If the said complaint does not disclose any cognizable offence, he can conduct preliminary enquiry with the complainant and if the said enquiry reveals any cognizable offence, he should register a case and proceed further in accordance with law. Instead of that he should not unnecessarily harass the petitioner.

5. With the aforesaid directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar mfa To

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai.

2. The Assistant Commissioner of Police, Kilpauk, Chennai.

3. The Inspector of Police, (Crime), G-7, Chetpet Police Station, Chennai.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Dhanasekar, Advocate SR.No.10674 Crl.O.P.No. 504 of 2020 GMR(CO) GMY(11/02/2020) https://hcservices.ecourts.gov.in/hcservices/