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Madras High CourtWP/35827/2016disposed of

Vimala Radhakrishnan v. The Director Of General Of

2016-12-21Honourable Mr Justice R. Mahadevan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2016

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.35827 of 2016 and W.M.P.No.30772 of 2016 1.Vimala Radhakrishnan 2.Radhakrishnan Santosh 3.R.Baba Chandrasekar ..Petitioners Vs.

1.The Director General of Police, State of Andhra Pradesh, Lakdikapul, Hyderabad.

2.The Superintendent of Police (Rural), Guntur, Guntur District.

3.The Superintendent of Police (Urban), Guntur, Guntur District.

4.The Sub-Inspector of Police, Boyapelam Village / Edlapadu Mandal, Guntur, Andhra Pradesh.

5.The Sub-Inspector of Police, Pattabhipuram Police Station, Guntur District.

6.The Sub-Inspector of Police, Yedlapadu Police Station, Guntur District.

7.M/s.Supriya Spinning Mills Pvt.Ltd., represented by its Managing Director, Mr.Kancharia Anjaneyalu, Vunnava Road, Boyapalem, Edlapadu Mandal, Guntur District, Andhra Pradesh.

8.The Director General of Police, State of Tamil Nadu, Chennai.

9.The Commissioner of Police, Coimbatore City Police, Huzur Road, Coimbatore-641 018.

10.The Secretary, Home Department, State of Tamil Nadu, Chennai.

..Respondents Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 9th and 10th respondents to consider the petitioner's representation dated 04.07.2016 by appointing CBCID or any other special agency to hold enquiry.

For Petitioners : Mr.N.R.Elango, Sr.Counsel for Mr.R.Vivekananthan For Respondents : Mr.C.Emalias, Additional Public Prosecutor for R8 to R10 Mr.V.Srinivasa Babu for R7

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus directing the ninth and tenth respondents to consider the petitioner's representation dated 04.07.2016 by appointing CBCID or any other special agency to hold enquiry, in the matter in question.

2.Pointing out the continued harassment related to a case of dishonour of cheques, now being tried under Section 138 of the Negotiable Instruments Act before the Andhra Pradesh State authorities, the petitioner made a representation dated 04.07.2016 to the ninth and tenth respondents. The specific plea made by the learned counsel for the petitioner is, due process of law has to be adhered to while proceeding further, by the ninth respondent in this case.

3.The learned counsel for the seventh respondent submitted that the petitioners had already approached the jurisdictional Courts and obtained interim orders also.

4.The learned Additional Public Prosecutor took notice for the respondents 8 to 10.

5.Heard both the sides.

6.After hearing the submissions made on either side, and taking note of the facts and circumstances of the case, this

Court directs the ninth respondent to look into the representation dated 04.07.2016 made by the petitioners, consider the same on merits and in accordance with law and pass appropriate orders, after affording due opportunity to all the concerned parties, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that till the order is passed in the representation dated 04.07.2016, there shall not be any undue harassment towards the petitioners. 7.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. KM Sd/- Asst. Registrar /true copy/ Sub Asst. Registrar To 1.The Director General of Police, State of Andhra Pradesh, Lakdikapul, Hyderabad.

2.The Superintendent of Police (Rural), Guntur, Guntur District.

3.The Superintendent of Police (Urban), Guntur, Guntur District.

4.The Sub-Inspector of Police, Boyapelam Village / Edlapadu Mandal, Guntur, Andhra Pradesh.

5.The Sub-Inspector of Police, Pattabhipuram Police Station, Guntur District.

6.The Sub-Inspector of Police, Yedlapadu Police Station, Guntur District.

7.The Director General of Police, State of Tamil Nadu, Chennai.

8.The Commissioner of Police, Coimbatore City Police, Huzur Road, Coimbatore-641 018.

9.The Secretary to Government, Home Department, Government of Tamil Nadu, Chennai.

+ 1 cc to Mr.R.Vivekananthan, Advocate Sr 74498 + 1 cc to Mr.V.Srinivasa Babu, Advocate Sr 74411 KR/27/1/17 W.P.No.35827 of 2016 and W.M.P.No.30772 of 2016