K.Thangaraj v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.27460 of 2015 K.Thangaraj ... Petitioner Vs The Inspector of Police, Taluk Police Station, Villupuram District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to issue direction to the respondent police not to harass the petitioner to take any coercive action detrimental to the right of the petitioner in any manner on the basis of the complaint dated 11.10.2015.

For Petitioner :

Mr.P.Ayyaswamy For Respondent :

Mr.C.Emalias, Addl. Public Prosecutor

ORDER

The present criminal original petition has been filed seeking a direction to he respondent police not to harass the petitioner by taking any coercive action detrimental to the rights of the petitioner in any manner on the basis of the complaint dated 11.10.2015.

2. It is the case of the petitioner that he purchased a tractor bearing E.No.PY 3029 352827 from one K.P.Raj Mohan on hire purchase agreement. He paid an advance of Rs.75,000/-. While so, now the said K.P.Raj Mohan gave a frivolous criminal complaint as against the petitioner before the District Crime Branch, Villupuram District making false allegation. Based on the said complaint, the respondent police is frequently calling the petitioner and harassing him. Hence, the present petition.

3. Learned Additional Public Prosecutor submitted that on the complaint given by the said K.P.Raj Mohan, petition enquiry is pending and only for the purpose of enquiry, the petitioner was called by the respondent police and absolutely, https://hcservices.ecourts.gov.in/hcservices/

there is no harassment 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 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 IV) //True Copy// Sub Assistant Registrar sbi To 1.The Inspector of Police, Taluk Police Station, Villupuram District.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.P. Ayyaswamy, Advocate SR.61830 Crl.O.P.No.27460 of 2015 PA(CO) EU 30.11.15 https://hcservices.ecourts.gov.in/hcservices/