Vengatesh v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:03.02.2020

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.OP.No.1059 of 2020 Vengatesh .. Petitioner -vs1.The Inspector of Police, Ambur Taluk Police Station, Tirupattur District.

.. Respondent Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to issue a direction, directing the respondent not to harass the petitioner based on the complaint lodged by the defacto complainant.

For Petitioners : Mr.M.Sankar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

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

2. The learned counsel for the petitioner has submitted that the petitioner is doing business in scrap of iron materials. He further submitted that on 04.01.2020 one M.Sankar from Ambur approached the petitioner for selling iron pipes. Accordingly, the petitioner has purchased the scrap of iron materials for Rs.1,14,000/-.

He further submitted that subsequently on 06.01.2020, the respondent called the petitioner by phone stating that a complaint has been registered against one Shankar as he has stolen the scrap of iron pipes and sold to the petitioner. He further submitted that the petitioner has not committed any offence and he has purchased the said material only bonafide. Therefore the respondent may be directed not to harass the petitioner.

3. The learned Additional Public Prosecutor has submitted that since FIR has been registered against one Sankar in Crime No.14 of 2020 under Sections 379, 386 IPC as he has stolen the https://hcservices.ecourts.gov.in/hcservices/

scrap of iron pipes and during investigation he was arrested and given the confession statement. He said that he sold the said materials to the petitioner and hence the petitioner was called but he was not subjected to any harassment. Since the petitioner himself has admitted in this petition that he purchased the scrap of iron pipes from one Shankar for Rs.1,14,000/-, he has to co-operate for investigation. Since the petitioner was called for investigation purpose he cannot contend that he has been subjected to harassment.

4. Therefore, this court does not find any merit in this petition. Accordingly, the Criminal Original Petition is dismissed.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar drl To 1.The Inspector of Police, Ambur Taluk Police Station, Tirupattur District.

2. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.1059 of 2020 KK(CO) SP(13/03/2020) https://hcservices.ecourts.gov.in/hcservices/