G. Gunasekaran v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :20.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM Crl.OP.No.22629 of 2018 G.Gunasekaran ...Petitioner Vs.

1. State Rep. by its.

The Superintendent of Police, Dharmapuri District, Dharmapuri.

2. The Inspector of police, District Crime Branch, Dharmapuri.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the second respondent not to harass the petitioner, based on his representation sent to the 1st respondent dated 19.03.2018.

For Petitioner : Mr. K.Gandhi Kumar For Respondents : Ms.M.Prabhavathi Additional Public Prosecutor

ORDER

This petition has been filed to direct the second respondent not to harass the petitioner under the guise of enquiry.

2. The learned counsel for the petitioner has submitted that the petitioner is working as a Branch Manager in Tan Silk office (Sericulture Department) at Kanchipuram. He further submitted that the petitioner's son-in-law namely L.Palanisamy was running a Government Exam Coaching Centre at Dharmapuri. He borrowed money from certain persons but, subsequently, he could not repay the said amount and hence, some of the creditors gave a complaint against the petitioner's son-in-law and based on the said complaint, the second respondent is unnecessarily harassing the petitioner. He further submitted that the petitioner is in https://hcservices.ecourts.gov.in/hcservices/

no way connected with the money transaction which had taken place between the petitioner's son-in-law and some of the creditors. Hence, he requests to direct the second respondent not to harass petitioner under the guise of enquiry.

3. The learned Additional Public Prosecutor has submitted that in the complaint given by the creditors, it is alleged that the petitioner herein also involved in the crime and hence the petitioner was called only for enquiry purpose and he was not subjected to any harassment.

5. Considering the aforesaid submissions the second respondent is directed to enquire the said complaint and if the enquiry reveals any cognizable offence, he has to register a case and proceed in accordance with law. Instead of doing so, he should not unnecessarily harass the petitioner. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar vv/vsn To

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

2. The Inspector of police, District Crime Branch, Dharmapuri.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Gandhi kumar, Advocate Sr.65296 Crl.OP.No.22629 of 2018 srg 10/10/2018 https://hcservices.ecourts.gov.in/hcservices/