M/S.Palaniappa Marketing Agencies v. M.Revathi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.03.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M/s.Palaniappa Marketing Agencies, No.2, Anna Salai Nagalkeni, Chennai-600 044.
.. Appellant Vs 1.M.Revathi 2.T.Murugesan 3.The Commissioner of Police, Greater Chennai Police, 132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai-600 007.
4.The Deputy Commissioner of Police, Butt Road, St. Thomas Mount, Chennai-600 016.
5.The Inspector of Police, S-6, Sankar Nagar Police Station, Pammal, Chennai-600 044.
.. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 30.3.2021 passed in W.P.No.8151 of 2021. For the Appellant : Mr.M.Velmurugan For the Respondents : Mr.K.Raghavan for respondents 1 and 2 : Mr.M.Abishek Murthy Government Advocate for respondents 3 to 5
JUDGMENT
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.M.Velmurugan, learned counsel for the appellant; Mr.K.Rahavan, learned counsel for respondents 1 and 2; and, Mr.M.Abishek Murthy, learned Government Advocate for respondents 3 to 5.
2. Respondents 1 and 2 herein have filed a writ petition, bearing No.8151 of 2021, seeking direction against the Inspector of Police, S6, Sankar Nagar Police Station not to harass respondents 1 and 2 as they have been forced to undergo the ordeal under the pretext of
enquiry by the Inspector of Police.
3. A complaint was filed by the present appellant against respondents 1 and 2/original writ petitioners. An order under Section 156(3) Cr.P.C. was passed. It appears that the same was not brought to the notice of the learned Single Judge by the original writ petitioners. Because of the order of the learned Single, the same is not proceeded with.
4. Learned counsel for respondents 1 and 2 submits that no relief is granted against the present appellant.
5. Be that as it may, it appears that, a criminal complaint is filed by the appellant and the same is not proceeded with. The present appellant was a party in the writ petition. However, no notice was issued to him. Further consequences are emanating because of the order passed by the learned Single Judge.
6. In the light of that, we pass the following orders:
(1) The impugned order is set aside and the matter is remitted before the learned Single Judge for a decision afresh.
(2) The parties shall appear before the learned Single Judge on 05.04.2024.
(3) The learned Single Judge, thereafter, shall take up the matter a per his convenience.
7. Accordingly, the writ appeal is partly allowed. There shall be no order as to costs. Consequently, C.M.P.No.3630 of 2022 is closed. (S.V.G., CJ.) (D.B.C., J.) 21.03.2024 Index : Yes/No bbr
To 1.The Commissioner of Police, Greater Chennai Police, 132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai-600 007.
2.The Deputy Commissioner of Police, Butt Road, St. Thomas Mount, Chennai-600 016.
3.The Inspector of Police, S-6, Sankar Nagar Police Station, Pammal, Chennai-600 044.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr 21.03.2024