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Madras High CourtCRL OP/20938/2024disposed of

Sumithra v. The State Rep By Its

2024-08-29Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN A.Sumithra ... Petitioner Vs.

1.The State Rep.by The Assistant Commissioner of Police (CCB), Police Commissionerate, Avadi, Chennai-600 054.

2.The Inspector of Police, Police Commissionerate, Avadi, Chennai-600 054.

3.The Sub Inspector of Police, Police Commissionerate, Avadi, Chennai-600 054.

... Respondents Prayer: Criminal Original Petition is filed under Section 528 BNSS, pleased to direct the respondents not to harass the petitioner under the guise of an inquiry.

For Petitioner : Mr.K.Sakthivel For R1 to R3 : Mr.S.Udayakumar Government Advocate (Crl.Side) 1/4

O R D E R

On a complaint given by one Umarani regarding online fraud, the petitioner been summoned for enquiry. Though the petitioner once appeared for enquiry, subsequently she did not turn up for enquiry. Since she had been harassed by the Investigating Officer under the guise of investigation, the present petition seeking protection from harassment. 2.

The learned Government Advocate (Crl.Side) appearing for the respondent police states that the complaint of Umarani is under investigation. Out of five summons, petitioner turned up only once and gave an undertaking that she would produce the documents and settle the dispute between herself and SS Kuberan Consultants Private Limited after verifying the account. Despite written undertaking on 05.06.2023, she has not settled the dispute nor participate in the enquiry. 3.

Considering the submissions made by the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent as well as the undertaking given by the petitioner herein on 05.06.2023, it is suffice to direct the respondent police to conduct the investigation in accordance with law and proceed 2/4

only if any commission of cognizable offence is made out. 4.

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

29.08.2024 rpl To The Assistant Commissioner of Police (CCB), Police Commissionerate, Avadi, Chennai-600 054.

2.The Inspector of Police, Police Commissionerate, Avadi, Chennai-600 054.

3.The Sub Inspector of Police, Police Commissionerate, Avadi, Chennai-600 054.

4.The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

rpl 3/4

29.08.2024 4/4