Niyaz Ahamed v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.26895 of 2015 Niyaz Ahamed ... Petitioner Vs

1. The Superintendent of Police, Nagappattinam District, Nagappattinam.

2. The Inspector of Police, District Crime Branch, Office of the Superintendent of Police, Nagappattinam District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents not to harass the petitioner. For Petitioner : M/s.Greetha Senthilkumar For respondents : Mr.C.Emalias, Additional Public Prosecutor

ORDER

The present criminal original petition has been filed seeking a direction to the respondents not to harass the petitioner.

2. In the petition, it is averred that the petitioner is running a partnership company in the name and style of 'Moon Motors' and the said company is the dealer of Hero Honda Motor Cycle. On 19.6.2015, based on the complaint given by one Chandramohan, the second respondent sent a summon to the petitioner to appear before him for enquiry and the petitioner also appeared before the second respondent for enquiry and submitted his explanation. But, even then, the second respondent is continuously harassing the petitioner under the guise of enquiry. Hence, the petitioner has filed the present petition. https://hcservices.ecourts.gov.in/hcservices/

3. Learned Additional Public Prosecutor submitted that the petitioner is involved in the offence of cheating and in order to avoid enquiry, the petitioner has filed the present petition.

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

(ii) The second 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 III) //True Copy// Sub Assistant Registrar sbi To

1. The Superintendent of Police, Nagappattinam District, Nagappattinam.

2. The Inspector of Police, District Crime Branch, Office of the Superintendent of Police, Nagappattinam District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.26895 of 2015 AD(CO) CA(27/11/2015) https://hcservices.ecourts.gov.in/hcservices/