Madras High CourtCRL OP/25766/2021disposed of

T.Sivankutty v. The State Rep By

2022-01-04Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.25766 of 2021 T.Sivankutty ... Petitioner

Versus

State: rep.by The Inspector of Police, K.K.Nagar Police Station, Chennai.

... Respondent PRAYER: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure to direct the respondent police not to harass the petitioner based on the complaint given by the defacto complainant.

For Petitioner :

Mr.C.Arivazhagan For Respondent :

Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This criminal original petition has been filed to direct the respondent police not to harass the petitioner based on the complaint given by the defacto complainant.

2.The grievance of the petitioner is that he is involved in Post Film Production business. During beginning of the year 2021, he made some arrangement with the third party to extend finance to one Rabello S/o. Boniface, Kodambakkam, for which, the said Rabello had paid Rs.8,00,000/- as process fee and other commission. The petitioner has got nothing except for introducing the Financer to Rabello. Thereafter, due to second wave of Covid-19 Lockdown, the release of Finance has been delaying and what happened thereafter the petitioner is not aware. On the other hand, the respondent Inspector of Police, K.K.Nagar Police Station, has been harassing the petitioner calling for enquiry. The petitioner had sent a representation https://hcservices.ecourts.gov.in/hcservices/

to the Inspector of Police, K.K.Nagar, explaining his position, no action has been taken. Hence, the above petition. 3.The learned Additional Public Prosecutor appearing for the respondent submits that the petitioner had sent a legal notice to one Rabello S/o.Boniface and what happened thereafter is not known. Thereafter only, a copy of the complaint has been sent and no proof of sending it through post and no such complaint is pending before the respondent police K.K.Nagar Police Station.

4.The learned counsel for the petitioner, on instruction, submits that the petitioner is ready and willing to appear before the respondent police on any given date. 5.In view of the same, the petitioner is directed to appear before the respondent police on 10.01.2022 along with the copy of the complaint and other materials in support of his contention and give his explanation. The respondent police is directed to enquire and proceed the matter in accordance with law and the said process shall be completed preferably within a period two weeks thereafter.

6.With the abovesaid directions, the criminal original petition is disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sms To

1. State: rep.by The Inspector of Police, K.K.Nagar Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.25766 of 2021 KSM(CO) SU(07/01/2022) https://hcservices.ecourts.gov.in/hcservices/