M.Rajamani v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.17371 of 2019 M.Rajamani .. Petitioner -vsState: Inspector of Police, District Crime Branch, Dharumapuri District, Dharumapuri.

.. Respondent Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent not to harass the petitioner under the guise of conducting a petition enquiry in connection with the one Mrs.Mallika's complaint dated 17.10.2018 on the file of the respondent police. For Petitioner : Mr.M.P.Saravanan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

The grievance of the petitioner is that there is a money dispute between the parties and the respondent police is issuing summons under Sections 91 and 160 of Cr.P.C. for appearance of the petitioner even without registering an FIR and therefore, the summon itself is not sustainable.

2.The learned counsel for the petitioner submitted that no complaint has made against the petitioner and the petitioner is called for enquiry based on the complaint given by the defacto complainant.

3.The learned Additional Public Prosecutor submitted that the respondent police will take a decision with regard to registration of FIR within a short time, if the complaint makes out a cognizable offence and thereafter, will proceed in accordance with law.

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4.Recording the submissions of the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of. s/d- Assistant Registrar(CS VII) True Copy Sub-Assistant Registrar vs/jas To 1.The Inspector of Police, District Crime Branch, Dharumapuri District, Dharumapuri.

2.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.M.P.Saravanan, Advocate sr 56016. Crl.O.P.No.17371 of 2019 BP(CO) SP(08/08/2019) https://hcservices.ecourts.gov.in/hcservices/