Hemraaj v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.20826 of 2021 Hemraaj

...Petitioner

Versus

1. The Commissioner of Police, Greater Chennai City Police, EVK Sampath Salai, Vepery, Chennai - 600 007.

2. The Assistant Commissioner of Police, E-1, Police Station, Kutchery Road, Mylapore, Chennai - 600 004.

3. The Inspector of Police, E-1, Mylapore Police Station, Kutchery Road, Mylapore,

...Respondents

PRAYER: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure to direct the third respondent not to harass the petitioner under the guise of enquiry of the case.

For Petitioner : Mr.M.Rakhi For Respondents :

Mr.R.Vinoth Raja Government Advocate (Crl. Side)

ORDER

The petitioner is being harassed in the guise of enquiry by the 3rd respondent police and further, directing him to settle the business dispute with one P.P.Anagh.

2.The contention of the learned counsel for the petitioner is that the said P.P.Anagh entered into the business understanding with the petitioner and for the business understanding, he transferred an amount of Rs.5,10,000/-, for which, the receipt dated 21.11.2019 issued. Further, a declaration agreement entered into between them on 12.11.2019.

That being the case, now, the said P.P.Anagh had lodged a complaint as though the petitioner had cheated a sum of Rs.5,00,000/-.

3.He further submits that the petitioner explained the respondent police about the same and produced the typed set of papers along with the declaration of P.P.Anagh, Qnet receipt, distributor application form and the representation of the petitioner dated 24.10.2021. Despite the same, the respondent police is pressurizing the petitioner to settle the amount of Rs.5,00,000/-. The business could not proceed as projected due to Covid 19 pandemic situation and that, the petitioner cannot be blamed for the same.

4.The learned Additional Public prosecutor submits that the petitioner earlier appeared and gave an undertaking that he shall produce the necessary documents and give his explanation. Despite the same, he failed to appear before the respondent police and now, filed this petition.

5.In view of the same, this Court directs the petitioner to appear before the respondent police on 24.11.2021 and produce the documents available with him and also give his explanation. Thereafter, the respondent police to enquire and proceed the matter in accordance with law.

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

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar skr/sms To

1. The Commissioner of Police, Greater Chennai City Police, EVK Sampath Salai, Vepery, Chennai - 600 007.

2. The Assistant Commissioner of Police, E-1, Police Station, Kutchery Road, Mylapore,

3. The Inspector of Police, E-1, Mylapore Police Station, Kutchery Road, Mylapore,

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.20826 of 2021 MG[co] NSK 19/11/2021