Madras High CourtCRL OP/24562/2015disposed of

P.N. Somaskandan v. State Rep. By

2015-11-05Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.24562 of 2015 P.N.Somaskandan ... Petitioner Vs State rep. By

1. The Assistant Commissioner of Police, Avadi Range, Chennai - 600 054.

2. The Inspector of Police, Thirumulaivoyal Police Station, Chennai.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent not to harass the petitioner in the pretext of enquiry.

For Petitioner :

Mr.D.Umashankar Ram For respondent :

Mr.C.Emalias, Addl.Public Prosecutor.

O R D E R

The present criminal original petition has been filed seeking a direction to the respondent not to harass the petitioner in the pretext of enquiry.

2. As against the petitioner, one Jayakumar has lodged a complaint with the respondent police on the allegation that the petitioner has availed Rs.7 lakhs as loan from Jayakumar for purchase of vehicles viz., Taurus bearing Reg.No.TN67-D-9946 and TN22-AD-0279 and thereafter, he did not repay the amount. Hence, the said Jayakumar has lodged a complaint against the petitioner with the respondent police. Now, the petitioner submits that under the guise of enquiry, the respondent police is frequently calling the petitioner and harassing him.

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3. Learned Additional Public Prosecutor denies the above statement and submits that only for the purpose of inquiry, notice was issued to the petitioner but the petitioner is not co-operating with the investigation.

4. Considering the submissions made by the learned counsel appearing for the petitioner and the learned Additional Pubic Prosecutor, this Court is constrained to pass the following order:- (i) The petitioner is directed to cooperate with the enquiry.

(ii) The respondent police is directed to conduct the enquiry in accordance with law, without harassing the petitioner.

5. The criminal original petition is ordered accordingly.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vsi To

1. The Assistant Commissioner of Police, Avadi Range, Chennai - 600 054.

2. The Inspector of Police, Thirumulaivoyal Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1cc to M/S.D.Uma Sankar Ram, Advocate sr.20382[09/12/2015] Crl.O.P.No.24562 of 2015 AR(II) EU 20.11.15 https://hcservices.ecourts.gov.in/hcservices/