Muruganantham v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 30.05.2019

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.13676 of 2019 1.Muruganantham 2.Sushmitha Priya ..Petitioners -Vs1.The Commissioner of Police, No.132, Commissioner Building, EVK Sampath Road, Vepery, Chennai 600 007.

2.The Deputy Commissioner of Police, Lattice Bridge Road, Adayar, Chennai 600 020.

3.The Assistant Commissioner of Police, Singaravelan Street, 2nd Street, Neelankarai, Chennai 600 041.

4.The Inspector of Police, J-5, Shastri Nagar Police Station, Adayar, Chennai 600 020.

..Respondents Prayer: Criminal Original petition has been filed under Section 482 of Cr.PC to direct the 1st respondent to consider the representation dated 18.05.2019 and not to harass the petitioners till the Arbitration Proceedings which they both are affected by cardiac disease.

For Petitioner : Mr.R.Sankarasubbu for Mr.K.Ramesh For Respondent : Mr.S.Thankira Government Advocate (Criminal Side)

O R D E R

This petition has been filed to direct the 1st respondent to consider the representation dated 18.05.2019 and not to harass the petitioners till the Arbitration Proceedings.

2.The learned counsel for the petitioners submits that earlier a complaint was filed against the petitioners and a case was registered against them in Cr. No.83 of 2017 against which the petitioners have filed a quash petition before this Court in Crl.OP.No.6077 of 2018 in which the FIR has been stayed. Aggrieved against the same, the de facto complainant suppressing these facts is now using the other creditors of the petitioners to file one complaint after another against the petitioners and the respondent police knowing about these facts have joined with them and causing harassment to the petitioners by calling them for enquiry at odd hours and also calling upon to their residence.

3.The learned Government Advocate submits that no instructions have been received from the respondents, except from the 4th respondent who is present here and states that there is no petition enquiry pending against the petitioner. 4.Anyhow in the interest of justice, the Government Advocate is directed to instruct the official respondents to issue notice under Sec.41(1)(a) of Cr.P.C to the petitioners, whenever their presence is needed for enquiry, if any. 5.Accordingly, this Criminal Original Petition is closed. Sd/- Assistant Registrar(VO) //True copy// Sub Assistant Registrar sai/mkn To 1.The Commissioner of Police, No.132, Commissioner Building, EVK Sampath Road, Vepery, Chennai 600 007.

2.The Deputy Commissioner of Police, Lattice Bridge Road, Adayar, Chennai 600 020.

3.The Assistant Commissioner of Police, Singaravelan Street, 2nd Street, Neelankarai, Chennai 600 041.

4.The Inspector of Police, J-5, Shastri Nagar Police Station, Adayar, Chennai 600 020.

5.The Public Prosecutor, High Court, Chennai.

+1cc to Mr.K.Ramesh, Advocate SR.No.44374 Crl.O.P.No.13676 of 2019 RSV(CO) GMY(03/06/2019)