Egalaivan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.OP.No.23511 of 2024 Egalaivan ... Petitioner Vs.

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

2. The Deputy Commissioner of Police, E.D.F.District Crime Branch, Vepery, Chennai-600 007.

3. The Inspector of Police, E.D.F.District Crime Branch, Vepery, Chennai-600 007.

.. Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS,2023 to direct the respondents police to not to harass the petitioner under the guise of enquiry.

For Petitioner : Mr.S.L.Venkatesan For Respondents : Mr. S.Udayakumar Government Advocate (Crl.Side) 1/5

O R D E R

The petitioner herein who is a Manager in Ravena Hospital Health Care Pvt Ltd., had issued cheque to one Rajarajeshwaran which was dishonoured in view of stop payment. It is pleaded that the money dispute been given a criminal colour by Dr.Rajarajeshwaran and the respondent police based on his complaint harassing him, the present petition is filed seeking protection from harassment.

2. Learned Government Advocate (Crl.Side) appearing for the respondent police submits that Dr.Rajarajeshwaran, the complainant had provided service of team of Doctors to the petitioner's hospital, but after extracting the service, the petitioner had not paid him the agreed amount under the guise of requesting the education credentials of the Doctors who had been providing service to the petitioner's hospital. The said complaint been taken up for enquiry and the petitioner was called to provide his explanation for the complaint of cheating around Rs.5,40,000/-.

3. This Court on perusing the documents along with this petition indicates that nine Doctors were under the leadership of Dr.Rajarajeshwaran been rendering ICU service to the petitioner's hospital and the cheque given by the petitioner got dishonoured, which 2/5

has led to the complaint, whereas the petitioner states that the Doctors have been sent for ICU Service does not possess the adequate qualification.

4. This matter has been concerned with health and life of public requires proper investigation. Hence, the petitioner herein cannot avoid investigation alleging that the police is harassing him. It is his duty to cooperate with the investigation and established that the Doctors to whom he has paid cheque for Rs.5,40,000/- given by him possesses adequate qualification or not and why he has instructed his bank to stop payment. Hence, this Criminal Original Petition is disposed of directing the petitioner herein to appear on summons before the Investigating Officer and provide all necessary particulars for the Investigating Officer to proceed on the complaint.

5. With this direction, this Criminal Original Petition is disposed of.

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1. The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

2. The Deputy Commissioner of Police, E.D.F.District Crime Branch, Vepery, Chennai-600 007.

3. The Inspector of Police, E.D.F.District Crime Branch, Vepery, Chennai-600 007.

4.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN,J.

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