Saravanakumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.22284 of 2023 Saravanakumar ... Petitioner Vs.

State represented by The Inspector of Police, Kumarapalayam Police Station, Kumarapalayam, Namakkal District.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent police not to harass the petitioner and pass such other or further order.

For Petitioner : Mr.A.M.Asokan For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition is filed for a direction to the respondent police not to harass him under the garb of investigation in the 1/4

complaint given by one Mohanraj.

2. According to the affidavit filed along with the petition, it is clear that there is a money dispute between the petitioner and Mohanraj in connection with the textile goods sold and delivered. The petitioner herein, who gave a cheque for Rs.5,00,000/- towards sale consideration, has not honoured the cheque which has culminated in proceedings under Section 138 of Negotiable Instruments Act, 1881. Meanwhile, a criminal complaint has also been given to the respondent police. In pursuance to the criminal compliant, the respondent police has caused summons under Section 41A of the Criminal Procedure Code, 1973, to the petitioner herein to appear before the respondent police for enquiry on 04.09.2023. The petitioner herein has not appeared before the respondent police, but has come to this Court apprehending that he will be harassed by the police.

3. This Court from the learned Government Advocate (Crl.Side) understands that the second notice under Section 41A Cr.P.C., was also caused to the petitioner to participate in the enquiry scheduled on 13.09.2023, but even to the second summon, he has not appeared. Without adhering the due process of law, the petitioner on imaginary apprehension 2/4

that he will be harassed by the police, this Court is unable to countenance such prayer based on imaginary apprehension. The petitioner is directed to appear before the respondent police on receipt of the summons, failing which, the respondent police shall take appropriate action to secure his present. In case, the petitioner appeared before the respondent police on receipt of the summon, he should be treated humanly and there shall not be any violation of personal right and liberty.

4. With this direction, the Criminal Original Petition is disposed of. 03.10.2023 Index : Yes/No mac/rpl To 1.The Inspector of Police, Kumarapalayam Police Station, Kumarapalayam, Namakkal District.

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

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Dr.G.JAYACHANDRAN,J.

Mac/rpl Crl.O.P.No.22284 of 2023 03.10.2023 4/4