Madras High CourtCRL OP/3756/2015disposed of

The Branch Manager, v. The Inspector Of Police,

2015-02-17Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.3756 of 2015 The Branch Manager Muthoot Fincorp Limited No.513-A, 1 floor Above Dhandapani Jewellery Trichy Road, Singanalloor Coimbatore - 641 005.

...Petitioner/3rd Party

Vs.

Inspector of Police B-12, Ukkadam Crime Police Station Coimbatore City.

(Crime No.1404/2013).

...Respondent/Complainant

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent not to harass the petitioner on the pretext of investigation in Crime No.1404 of 2013 by insisting the petitioner to hand over the gold ornaments pledged by K.Srinivasa Pandian.

For Petitioner :

M/S.Sai Bharath and Ilan For Respondents :

Mr.M.Maharaja Addl. Public Prosecutor

O R D E R

Heard both sides.

2.The petitioner has come forward with this petition directing the respondent not to harass the petitioner on the pretext of investigation in Crime No.1404 of 2013. 3.A case in Crime No.1404 of 2013 has been registered against one Srinivasa Pandian under Section 379 IPC for commission of theft of Rs.48,000/-.

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4.According to the learned Additional Public Prosecutor, the above said amount has been deposited before the petitioner Bank and on the confession given by the said Srinivasa Pandian, the respondent wants to interrogate the petitioner. 5.Considering the submissions made by both sides, I am inclined to give a direction to the respondent not to harass the petitioner under the guise of enquiry and follow the dictum laid down in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610.

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

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar kj To 1.The Inspector of Police B-12, Ukkadam Crime Police Station Coimbatore City.

2.The Public Prosecutor, High court, Madras.104.

1 CC to M/S.Sai Bharath and Ilan, Advocate SR.No. 8344 Crl.O.P.No.3756 of 2015 SAI (CO) PSI (02.03.2015) https://hcservices.ecourts.gov.in/hcservices/