Madras High CourtCRL OP/23593/2015closed

G.Raja v. The Superintendent Of Police

2015-09-21Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.23593 of 2015 G.Raja .. Petitioner Vs.

1. The Superintendent of Police Salem District, Salem.

2. The Inspector of Police, Thammampatti Police Station, Salem District.

.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondents not to harass the petitioner. For Petitioner : Mr.C.Prabakaran For Respondents : Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

This criminal original petition has been filed to direct the respondents not to harass the petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. It is seen that the petitioner has initiated criminal prosecution against one Murugesan under Section 138 of the Negotiable Instrument Act in S.T.C.No.38 of 2015 before the Learned Judicial Magistrate (F.T.C) Athur. The said Murugesan was examined under Section 313 Cr.P.C, wherein, he has alleged that the petitioner has taken away the impugned cheque from him. While so, the said Murugesan has lodged a complaint against this petitioner, https://hcservices.ecourts.gov.in/hcservices/

which is under enquiry. Hence, the police are calling the petitioner for enquiry.

4. Under such circumstances, no blanket order not to harass the petitioner can be passed and therefore, the petitioner is directed to take part in an enquiry and during the course of enquiry, he should not be harassed. The respondent police also has to bear in mind that the petitioner has filed proceedings against the said Murugesan much earlier in S.T.C.No.38 of 2015 and his complaint appears to be a counter blast to the prosecution that has been initiated against him.

With the above directions, the criminal original petition is closed.

-Sd/- Assistant Registrar //True copy// Sub Assistant Registrar sms To

1. The Superintendent of Police Salem District, Salem.

2. The Inspector of Police, Thammampatti Police Station, Salem District.

3. The Judicial Magistrate, Fast Truck Court,Madras

4. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.C.Prabakaran,Advocate (sr.51325) CRL.OP.No.23593 of 2015 JP(co) cp 05/10/2015 https://hcservices.ecourts.gov.in/hcservices/