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Madras High CourtCRL OP/22096/2024disposed of

D.Subramani v. The Deputy Superintendent Of Police

2024-09-26Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:26.09.2024 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN D.Subramani .. Petitioner /versus/ 1.The Deputy Superintendent of Police, District Crime Branch, Sathuvachary, Vellore District.

2.The Inspector of Police, District Crime Branch, Vellore District.

3.Parasuraman .. Respondents Criminal Original Petition has been filed under Section 528 of BNSS, 2023 to direct the 1st respondent not to harass the petitioner in any manner.

For Petitioner :Mr.S.Seenuvasan for Mr.S.Thirugnanam For R1 & R2 :Mr.S.Udayakumar Govt.Advocate (Crl.Side) For R3 :Mr.D.Rameshkumar 1/5

ORDER

The petitioner and the defacto complainant were the partners in dealing seized vehicles. In this connection alleging that the petitioner herein had misused the cheque, complaint filed before the Superintendent of Police, Vellore District on 03.07.2024 for cheating. Pursuant to the complaint of the defacto complainant, the respondent police called the petitioner herein to appear for enquiry.

2. Referring the exchange of legal notice between the petitioner and the defacto complainant, the learned counsel appearing for the petitioner states that it is purely a civil dispute given criminal colour by the complainant and under the guise of investigating the matter, the respondent police harassing the petitioner. Hence, he seeks for protection from the harassment made by the respondent police.

3. The defacto complainant entered appearance through counsel and filed typed set of papers stating that the petitioner herein has cheated the defacto complainant to the tune of Rs.71 lakhs for purchasing 2/5

the vehicle in the name of his relatives by misusing the fund given to him.

4. The learned Government Advocate (Crl.Side) states that the complaint as well as the version of the petitioner/accused are under investigation. Based on the outcome of the investigation, the respondent police will file final report. The learned Government Advocate (Crl.Side) states that the petitioner never been harassed. He was summoned and enquired as per law.

5. Recording the submissions made by the respective counsels, this Criminal Original Petition is disposed of with a direction to the respondent police to conduct the investigation and proceed in accordance with law.

26.09.2024 Index:yes/no ari 3/5

To:

1.The Deputy Superintendent of Police, District Crime Branch, Sathuvachary, Vellore District.

2.The Inspector of Police, District Crime Branch, Vellore District.

3.The Public Prosecutor, High Court, Madras.

4/5

Dr.G. JAYACHANDRAN,J.

ari 26.09.2024 5/5