Sahul Ahmeed, Aged 29 Years, v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:14.09.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.21810 of 2018 Sahul Ahmeed .. Petitioner Vs

1. The Commissioner of Police Coimbatore.

2. The Assistant Commissioner of Police City Crime Branch, Coimbatore.

3. The Inspector of Police, City Crime Branch, Coimbatore.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Crl.P.C., to direct the respondents not to harass the petitioner.

For Petitioner : Mr.G.Jeremiah for S.Gowri Shankar For Respondents: Mr. C.Raghavan(Criminal Side) Government Advocate

ORDER

This petition has been filed by the petitioner to direct the respondents not to harass the petitioner under the guise of enquiry.

2. The learned counsel for the petitioner has submitted that the petitioner and the de-facto complainant are partners in a flower business. He further submitted that as per the partition deed, any dispute arises between the partners is to be resolved through arbitration. The de-facto complainant has lodged a false complaint before the Inspector of Police, City Crime Branch, Coimbatore, 3rd respondent as if the petitioner has committed criminal offences.

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2. The learned Public Prosecutor has submitted that one G.Sirajuddin has lodged a complaint before the third respondent stating that a sum of Rs.47 lakhs has not been repaid by the petitioner and the said complaint is pending for enquiry. The said petitioner has been called upon and he was not subjected to any harassment.

3. Considering the aforesaid submissions, the third respondent is directed to enquire into the complaint and if the complaint reveals any cognizable offence, he has to register a case and proceed in accordance with law. In case the enquiry does not reveal any cognizable offences, the 3rd respondent shall direct the defacto complainant to approach the proper forum and get appropriate remedy. Instead of doing so, he should not unncessarily harass the petitioner.

4. With the aforesaid observations, the Criminal Original Petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ggi/ebsi To

1. The Commissioner of Police Coimbatore.

2. The Assistant Commissioner of Police City Crime Branch, Coimbatore.

3. The Inspector of Police, City Crime Branch, Coimbatore.

4. The Public Prosecutor, High Court of Madras, Chennai.

+1 cc Mr.S.Gowri Shankar, Advocate, SR.No. 63904 Crl.O.P.No.21810 of 2018 SPP(CO) CSL/22.10.2018 https://hcservices.ecourts.gov.in/hcservices/