Madras High CourtCRL OP/29724/2015disposed of

C.H.Sai Ram v. State Rep. By

2016-01-04Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29724 of 2015 C.H.Sai Ram ... Petitioner Vs 1.State, Rep. by Commissioner of Police, Chennai Commissioner Office, Purasaiwakkam, Chennai.

2.State, Rep. by Inspector of Police, K-10, Koyambedu Police Station, Koyambedu, Chennai. ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent not to harass the petitioner in the Blanket of enquiry in CSR No.Not known/2015 on the file of the respondent police.

For Petitioner :

M/s.Infant Law Associates For respondents :

Mr.C.Emalias, Addl.Public Prosecutor.

ORDER

The present criminal original petition has been filed seeking a direction to the second respondent not to harass the petitioner in the Blanket of enquiry in CSR No.Not known/2015 pending on his file.

2. It is the case of the petitioner that he was running a business in the name and style of Sai Care Services for three years. While so, his friend one Shantha Prabu asked him to lend the business and he agreed to pay a sum of Rs.3,00,000/- as part of the business and an agreement was also entered into between them. However, due to inability to run the business, the said Shantha Prabu lodged a complaint with the

second respondent police based on the business agreement and forced him to return the amount. Though the second respondent is aware of the actual facts, under the guise of enquiry, he is frequently calling the petitioner and harassing him. Hence, the petition.

3. Learned Additional Public Prosecutor submitted that on the complaint given by the said Shantha Prabu, petition enquiry is pending and only for the purpose of enquiry, the petitioner was called by the second respondent police and absolutely, there is no harassment and in order to avoid enquiry, the petitioner has filed the present petition.

4. Irrespective of 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 second respondent police is directed to conduct the enquiry in accordance with law, without harassing the petitioner.

5. The criminal original petition is ordered accordingly.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar sbi To 1.The Commissioner of Police, Chennai Commissioner Office, Purasaiwakkam, Chennai.

2.The Inspector of Police, K-10, Koyambedu Police Station, Koyambedu, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1 cc to M/S.Infant Law Associates sr.92/16 Crl.O.P.No.29724 of 2015 aa12/01/2016