Madras High CourtCRL OP/28752/2015disposed of

C.Sampathkumar v. State Rep. By

2015-11-30Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2015

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.28752 of 2015 C.Sampathkumar ... Petitioner Vs.

1.State Rep. by the Superintendent of Police Erode District, Erode.

2.The Inspector of Police, Sathyamangalam Police Station, Erode District.

... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the 2nd respondent not to harass the petitioner by appreciating the facts and circumstances of the case.

For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition is filed for a direction to the second respondent not to harass the petitioner by appreciating the facts and circumstances of the case.

2.In the petition it is stated that the petitioner is a resident of C.K.Palayam, Sathyamangalam and he is an agriculturist by avocation. The petitioner is cultivating flowers in his lands and the flower growers in the Sathyamangalam region are having association which fixes the rate for the flowers. It is further stated that the petitioner had purchased flowers for Rs.2,00,000/- and not repaid it. Hence, the association lodged a complaint as against the petitioner for recovering the said amount.

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3.The learned counsel appearing for the petitioner submitted that the respondent police under the guise of investigation is harassing the petitioner and prayed for appropriate orders. 4.The learned Additional Public Prosecutor submitted that absolutely, there is no harassment and the petitioner is being called only for the purpose of enquiry.

5.In view of the submissions made either side, 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.

6. The criminal original petition is ordered accordingly. Sd/ ASSISTANT REGISTRAR(CO) /TRUE COPY/ SUB-ASSISTANT REGISTRAR pri To 1.The Superintendent of Police Erode District, Erode.

2.The Inspector of Police, Sathyamangalam Police Station, Erode District.

3.The Public Prosecutor High Court, Madras.

+1 CC to MR.R.Jayaprakash Advocate. SR.NO. 65283 Crl.O.P.No.28752 of 2015 CO-KSJ JD 11/12/2015 https://hcservices.ecourts.gov.in/hcservices/