R.Narayanan v. The Deputy Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.02.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN R.Narayanan ... Petitioner Vs 1.The Deputy Commissioner of Police, Chromepet Police District, Chromepet, Chennai - 600 044.
2.The Assistant Commissioner of Police Pallavaram Range, Mariamman Koil Street, Meenambakkam, Chennai - 600 043.
3.The Inspector of Police, T-4, Shankar Nagar Police Station, Pammal, Chennai - 600 075.
4.S.Ramesh ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records of the 3rd respondent in connection with the impugned Summons issued by the 3rd respondent under Section 91 of the Cr.P.C. dated 21.12.2022 in respect of T-4, Shankar Nagar Police Station, CSR No.1194/2021 against the petitioner/accused pending on the file of the Inspector of Police, T-4, Shankar Nagar Police Station, Pammal, Chennai - 600 075 and quash the same.
For Petitioner : Mr.M.Ramamoorthi 1/4
For Respondents : Mr.S.Santhosh,(for R1 to R3) Government Advocate (Crl.side)
O R D E R
This petition is filed to call for the records of the 3rd respondent in connection with the impugned Summons issued by the 3rd respondent under Section 91 of the Cr.P.C. dated 21.12.2022 in respect of T-4, Shankar Nagar Police Station, CSR No.1194/2021 against the petitioner/accused pending on the file of the Inspector of Police, T-4, Shankar Nagar Police Station, Pammal, Chennai - 600 075 and to quash the same.
2. Learned counsel for the petitioner submitted that there was some money transaction between the petitioner and M/s. Harish Corporation. In S.T.C.No.1007 of 2021 on the file Judicial Magistrate Court, Tambaram filed by M/s. Harish Corporation, a compromise was reached and a memo of compromise reached between the parties was also filed. After compromise, the petitioner is not liable to pay any money to M/s. Harish Corporation. However, on the basis of the complaint given by one Ramesh, the respondent police sent a summon under Section 91 of Cr.P.C. for production of documents and to enquire. Challenging the summon, this petition is filed.
3. In response, learned Government Advocate (Crl.side) submitted that 2/4
if the petitioner produced the documents in support of his submission, that will be considered and appropriate orders would be passed.
4. It is seen from the summon that one Ramesh gave a complaint against the petitioner alleging that after receiving the supply of chemical goods, the petitioner failed to pay the amount. On the basis of this complaint, the enquiry is scheduled for production of documents.
5. In view of the fact that petitioner has to appear for enquiry with documents on his claim and against the claim of Ramesh, this Court directs the petitioner to appear for the enquiry with necessary documents in support of his case. The respondent police is directed to dispose the enquiry in the manner known to law as expeditiously as possible, preferably, within a period of four weeks from the date of receipt of copy of this Order.
6. Accordingly, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed. 21.02.2023 Internet:Yes/No Index:Yes/No mpl 3/4
G.CHANDRASEKHARAN, J.
mpl To 1.The Deputy Commissioner of Police, Chromepet Police District, Chromepet, Chennai - 600 044.
2.The Assistant Commissioner of Police Pallavaram Range, Mariamman Koil Street, Meenambakkam, Chennai - 600 043.
3.The Inspector of Police, T-4, Shankar Nagar Police Station, Pammal, Chennai - 600 075.
4.The Public Prosecutor, High Court of Madras.
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