A.Srinivasan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.17169 of 2021 A.Srinivasan, S/o. Anbu .. Petitioner

Versus

The State rep. by

1. The Commissioner of Police, Vepery, Chennai.

2. The Deputy Commissioner of Police, Teynampet, Chennai.

3. The Inspector of Police, E-3 Teynampet Police Station, Chennai.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents not to harass the petitioner in any manner except by due process of law pursuant to the representation dated 15.09.2020. For Petitioner :

Mr.C.V.Kumar For Respondents :

Mr.R.Vinoth Raja Govt. Advocate (Crl.side)

ORDER

(This case has been heard through video conference) This petition has been filed seeking not to harass the petitioner in any manner except due process of law pursuant to the representation dated 15.09.2020.

2. The contention of petitioner is that he is a salesman

and he came to know about one Selvi, through his mother and the said Selvi taken money from the petitioner to the tune of Rs.1,40,000/- and not paid. Hence, the petitioner lodged a complaint and CSR.No. 240 of 2020 assigned. But, no action taken. On the contrary, now, on the complaint of Selvi, the petitioner being harassed. The respondent police are visiting house of the petitioner at odd hours.

3. The learned Government Advocate (Criminal Side) appearing for respondents would submit that in this case, the petitioner is absconding. After receipt of the complaint from Selvi on 11.01.2021, C.S.R.No.21 of 2021 assigned. The petitioner's father doing black magic. The said Selvi had some problem with her husband and for curing the same, the petitioner received a sum of Rs.1,40,000/- and 40 sovereigns of gold from the said Selvi. Thereafter, he failed to repay the same. When he was called for enquiry, he was absconding. On the contrary, the petitioner filed the above petition. On the complaint given by the petitioner as well as Selvi, the appearance of the petitioner is required.

4. Heard the submissions of learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing on behalf of the respondents.

5. In view of the same, this Court directs the petitioner to appear before the 3rd respondent police on 04.10.2021 and in the event of not cooperating with the enquiry, the respondent police is directed to proceed in accordance with law by taking coercive action. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar rpp/nr To

1. The Commissioner of Police, Vepery, Chennai.

2. The Deputy Commissioner of Police, Teynampet, Chennai.

3. The Inspector of Police, E-3 Teynampet Police Station, Chennai.

4. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.17169 of 2021 BS(CO) SU(13/10/2021)