S.Mohamed Siddiq v. Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.22605 of 2021 S.Mohamed Siddiq
...Petitioner
Versus
1.The Commissioner of Police Greater Chennai Veperi, Chennai 600 007.
2.The Assistant Commissioner of Police St.Thomas Mount Chennai 600 009.
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent, the Assistant Commissioner of Police, St.Thomas Mount, not to harass the petitioner.
For Petitioner : Mr.S.Suresh For Respondents : Mr.Raj Thilak.E Additional Public Prosecutor
O R D E R
This petition has been filed to direct the second respondent, the Assistant Commissioner of Police, St.Thomas Mount, not to harass the petitioner.
2. The grievance of the petitioner is that on the complaint of one Uthirapathy and Ramesh, the petitioner was called for enquiry and forced to settle the amount, which is alleged to have cheated by him. The petitioner by pledging his wife's jewel gave Rs.50,000/- and also gave an undertaking to pay a sum of Rs.1,50,000/- lakhs before 22.11.2021. The complainant and the others were enquired and they agreed for the same and now they sought to settle the entire amount of
Rs.18,40,000/- by the petitioner. The petitioner himself has lost Rs.4 lakhs in the said business venture and now he is victimized.
3. The learned Additional Public Prosecutor submits that the petitioner along with one Mujibur Rahman received huge sums from several persons, on the false promise of getting job in foreign country. The said Uthirapathi and Ramesh also transferred Rs.7,10,000/- and Rs.6,75,000/-, respectively, to the account of the petitioner for getting job in Foreign Country. Though the petitioner claims that those amounts were transferred to the account of Mujibur Rahman, the entire amount said to have been transferred to his account is not acceptable. Both the said Mujibur Rahman and the petitioner appeared before the respondent Police and agreed that they entered the business of sending persons to foreign country for getting job. The petitioner accepted that the said Mujibur Rahman has to repay a sum of Rs.8,75,000/- and balance Rs.
2,00,000/- has to be paid by the petitioner. However, a complaint was made stating that the petitioner and the said Mujibur Rahman had committed job racketing, and cheated around 13 persons to the tune of Rs.18,40,000/-. These facts have to be enquired with other persons, who had lost the money with the petitioner and Mujibur Rahman. Hence, for the purpose of enquiry, the petitioner's appearance is necessary.
4. The learned counsel for the petitioner submits that the said Uthirapathi and Ramesh were sent to Australia. But the Immigration Authorities on verification of the Visa found it to be false and returned them, for which, the petitioner cannot be penalized.
5. Considering the submissions and on perusal of the materials, it is seen that it is a case of Job Racketing. In view of the same, the respondent Police calling the petitioner for enquiry cannot be termed as harassment.
6. Accordingly, this Criminal Original Petition is dismissed.
s/d- Assistant Registrar //True Copy// Sub-Assistant Registrar
dna To 1.The Commissioner of Police Greater Chennai Veperi, Chennai 600 007.
2.The Assistant Commissioner of Police St.Thomas Mount Chennai 600 009.
3.The Public Prosecutor High Court, Madras.
+1 CC to Mr.S.Suresh, Advocate sr 63128.
Crl.O.P.No.22605 of 2021 GPL(CO) SP(17/12/2021)