Pandishwaran, v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.22030 of 2018 Pandishwaran

...Petitioner

Vs.

The State Rep. By, The Inspector of Police, Vikkiravandi Police Station, Vikkiravandi, Villupuram District.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent Police not to harass the petitioner without any complaint. For Petitioner :Mr.A.Venkatesan For Respondent :M/s.M.Prabhavathi Additional Public Prosecutor

O R D E R

This 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 running a man power consultancy in the name and style of "Athithyan Technical Works LLC" for last 10 years. He further submitted that he made arrangement for getting job to some of the persons. Accordingly Air tickets also taken, but subsequently the said employees made request to cancel the Air ticket and obtain fresh E-VISA and based on their request, the petitioner has canceled the Air tickets and hence he has not committed any offence. He further submitted that the petitioner came to know the said employees gave a false complaint against the petitioner before the respondent, based on the said complaint, the respondent is unnecessarily harassing the petitioner.

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3.The learned Public Prosecutor has submitted that the employees have made only oral complaint and only for enquiry purpose, the petitioner was called and he was not subjected to any harassment.

4.Considering the aforesaid submissions, if any complaint is received, then it is open to the respondent to verify whether the said complaint discloses any cognizable offences and thereafter he can register the case and proceed in accordance with law. Admittedly, no complaint is received against the petitioner herein and in the said circumstances the respondent should not harass the petitioner under the guise of enquiry.

5.With the aforesaid observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS viii) //True Copy// Sub Assistant Registrar gsp To 1.The Inspector of Police, Vikkiravandi Police Station, Vikkiravandi, Villupuram District.

2.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.22030 of 2018 ASK(29/10/2018) https://hcservices.ecourts.gov.in/hcservices/