← Library
Madras High CourtCRL OP/12758/2021disposed of

Sathish v. The Superintendent Of Police

2021-07-26Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.12758 of 2021 Sathish ... Petitioner

Versus

1.The Superintendent of Police, Dharmapuri.

2.The Deputy Superintendent of Police District Crime Branch, Dharmapuri.

3.The Inspector of Police, District Crime Branch Dharmapuri.

4.Saravanan The Sub-Inspector of Police District Crime Branch Dharmapuri-5.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police not to harass the petitioner under the guise of enquiry on the false complaint lodged by the defacto complainant namely Kamala.

For Petitioner : Mr.T.Ganesan For Respondents: Mr.A.Damodaran Government Advocate (Crl.Side)

ORDER

This petition filed to direct the respondent police not to harass the petitioner under the guise of enquiry on the false complaint lodged by the defacto complainant namely Kamala.

2. The petitioner has filed this petition stating that the third respondent police under the guise of enquiry has harrased him.

3. The contention of the petitioner is that on 12.07.2021 he sent a representation, in which, it is found that on 10.07.2021, the petitioner appeared for enquiry before the third respondent police and explained that one Ravi, S/o.Jayabalan, who is the General Manager in Reliance Corporate IT Park Limited, has compelled and forced the petitioner to pay a sum of Rs.1,50,00,000/- as commission stating that because of him only he got contract work in

Reliance Corporate IT Park Limited relating to Optical Fiber Cables, which he denied. Earlier during the month of May, the counter complainant namely, Kamala, who is the mother-in-law of the said Ravi had lodged a complaint against the petitioner and at that time, the petitioner was forced to issue ICICI Bank cheques for a total sum of Rs.1,30,00,000/-, viz., in cheque No.000102-Rs.20,00,000/-, cheque No.000103Rs.15,00,000/-, cheque No.000104-Rs.15,00,000/-, cheque No.000105-Rs.15,00,000/- , cheque No.000106-Rs.15,00,000/- and cheque No.000107-Rs,50,00,000/-. Now again the complaint has been lodged and the respondent police are compelling and forcing the petitioner to settle the said amount to Ravi.

4. The learned Government Advocate (Crl.Side) has submitted that one Kamala and the petitioner were doing joint business with the Reliance Corporate IT Park Limited. During business, it was found that the petitioner had misappropriated a sum of Rs.1,31,00,000/- in the business. Hence, she lodged a complaint. The petitioner had appeared for enquiry, wherein he admitted and gave a letter to pay a sum of Rs.1,31,00,000/- and issued cheques Nos.000101 to 000107, dated 03.03.2021 and 03.06.2021. The petitioner in order to escape from the misappropriation and cheating had issued the said cheques, however, all the cheques were not honored. Hence, he was called for enquiry on 19.07.2021 and he agreed to settle the dispute, but now he filed this petition stating that he was harassed.

5. The learned counsel for the petitioner further submitted that in the work order, it is clearly stated that the Reliance Corporate IT Park Limited had given work order only to the petitioner. Further, the petitioner registered himself as a contractor. Under the influence of Ravi, who was a General Manager of the Reliance Corporate IT Park Limited, such complaint has been given against the petitioner. Further, he submitted that now on the complaint of the petitioner, the said Ravi has been removed from the Reliance Corporate IT Park Limited. In any event, the petitioner is willing to appear before the respondent police to offer his explanation and documents on or before 03.08.2021.

6. In view of the same, the petitioner is directed to appear before the respondent police on or before 03.08.2021 to offer his explanation with relevant documents.

7. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar dna

To 1.The Superintendent of Police Dharmapuri.

2.The Deputy Superintendent of Police District Crime Branch Dharmapuri.

3.The Inspector of Police District Crime Branch Dharmapuri.

4.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.12758 of 2021 SRA(CO) GN(19/08/2021)