Jayesh Parikh v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.22391 OF 2021 Jayesh Parikh ... Petitioner

Versus

1. The Commissioner of Police Greater Chennai Vepery Chennai 600007.

2. The Inspector of Police J-2, Adyar Police Station Chennai 600 020.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent not to harass the petitioner without due process of law, by considering the representation dated 19.11.2021 on the file of the first respondent herein.

For Petitioner : Mr.D.Damodharan For Respondents : Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the second respondent not to harass the petitioner without due process of law, by considering the representation dated 19.11.2021.

2. The contention of the petitioner is that one Suresh Chand Mali made a complaint against the petitioner to the Deputy Commissioner of Police, Adayar, which was forwarded to the Inspector of Police, Adyar and the petitioner being arrested on the guise of enquiry. Despite the petitioner appeared before the Inspector of Police, Adyar and explained the case in detail and his business relationship with the said Suresh Chand Mali, the petitioner is being unnecessarily harassed. In this regard, on https://hcservices.ecourts.gov.in/hcservices/

19.11.2021, the petitioner made a representation to the Commissioner of Police, but the petitioner is being continuously harassed by the respondent Police. Hence, the above petition.

3. On perusal of the representation of the petitioner, it is seen that the petitioner and the said Suresh Chand Mali had some business relationship and due to the prevailing pandemic situation, the transaction could not be completed and there was some dispute for repayment. The petitioner had issued two cheques, which got dishonored and the said Suresh Chand Mali instead of filing a case under Section NI Act has made a complaint. Further, the petitioner's representation has not been considered. The Inspector of Police, Adayar is involved in a civil and commercial dispute.

4. In view of the above, the grievance of the petitioner seems to be genuine and he had also given his explanation. Hence, the Inspector of Police, Adyar is directed not to harass the petitioner unnecessarily and if his presence is required for investigation, the respondent Police shall proceed in accordance with law by issuing summons.

5. With the above directions, this Criminal Original Petition is disposed of.

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

1. The Commissioner of Police Greater Chennai Vepery, Chennai 600007.

2. The Inspector of Police J-2, Adyar Police Station Chennai 600 020.

3. The Public Prosecutor High Court, Madras.

+1cc to Mr.D.Damodharan, Advocate, S.R.No.61367 Crl.O.P.No.22391 of 2021 GPL(CO) RLP(17/12/2021) https://hcservices.ecourts.gov.in/hcservices/