S Raj Kumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2024 CORAM :

THE HON'BLE DR. JUSTICE G. JAYACHANDRAN S. Rajkumar Petitioner vs.

State represented by the Inspector of Police T-15, S.R.M.C. Police Station Ayyappanthangal Chennai Respondent Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita seeking a direction to the respondent police not to harass the petitioner under the pretext of enquiry or whatsoever manner in the nature of enquiry.

For petitioner Mr. K. Bommuraj For respondent Mr. K.M.D. Muhilan Govt. Advocate (Crl. Side)

ORDER

On 08.06.2024, one Kuthub Ali fell down from the scaffolding of a construction site while carrying out painting work. After two days, he succumbed to the injuries.

2. The contractor who has engaged the deceased is before this Court seeking protection from police harassment, who, according to him, is calling him frequently under the guise of investigation and demanding money from him.

3. The learned Government Advocate (Criminal Side) submitted that since the accident has occurred in the construction site and the petitioner had engaged the deceased employee as a painter, the petitioner was called for enquiry and except that, there was no demand of money from the respondent police to settle the dispute, as alleged by the petitioner.

4. From the records, this Court finds that the accident has occurred in the construction site and two dates later, the person engaged by the petitioner for painting work, has died. The matter cannot be given a criminal colour unless and until any negligence on the part of the petitioner is shown.

5. Therefore, the respondent police shall investigate the matter in accordance with law and the petitioner shall cooperate in the investigation and appear before the Investigating Officer on receipt of summons.

Otherwise, the petitioner need not be called by the respondent police frequently under the guise of enquiry.

With the above direction and observation, this criminal original petition stands disposed of.

02.08.2024 cad To The Inspector of Police T-15, S.R.M.C. Police Station Ayyappanthangal Chennai The Public Prosecutor High Court Madras

DR. G. JAYACHANDRAN, J.

cad 02.08.2024