Madras High CourtCRL OP/15659/2022disposed of

T.Gnanasekaran v. State Rep By

2022-07-06Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR T.Gnanasekaran ... Petitioner Vs.

The State, Rep by Deputy Superintendent of Police, EOW-II,Villupuram, District Police Office Campus, Villupuram-605602.

..Respondent Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C praying to direct the respondent police not to harass the petitioner by appreciating the facts and circumstances of the case.

For Petitioner : Mr.A.Ramesh Senior Counsel for Mr.DeepanUday For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed to direct the respondent police not to harass the petitioner under the guise of enquiry.

2. It is the contention of the learned Senior Counsel that the petitioner is neither an accused nor the complainant and he is no way connected with the alleged transaction. He further contended that the petitioner's as well as his family member's bank accounts were under the surveillance of the respondent police.

3. The learned Additional Public Prosecutor appearing for the respondent on instructions submitted that there are complaints against some other persons in respect of huge financial irregularities. Due to which, they collected the account details.

4. In such view of the matter, if the respondent police wants to examine any person as a witness, they will have to issue summon or notice as per the law for examining any person. Further, without following the due process of law, the respondent cannot interfere in the affairs of the person under the pretext of 2/4

enquiry.

5. Such being the position, it is for the investigating agency to issue appropriate notice to the petitioner if they really wants to examine him for enquiry and on such notice, the petitioner shall appear for enquiry and cooperate with the investigation.

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

06.07.2022 Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No nr/shk To

1. Deputy Superintendent of Police, EOW-II,Villupuram, District Police Office Campus, Villupuram-605602.

2. The Public Prosecutor, Madras High Court, Chennai.

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N. SATHISH KUMAR,J.

nr 06.07.2022 4/4