Madras High CourtCRL OP/22950/2023disposed of

R.Rajeshkanna v. State Represented By

2023-10-12Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.22950 of 2023 R.Rajeshkanna ... Petitioner Vs.

1. State Represented by, The Superintendent of Police, Vellore District, Vellore.

2.The Inspector of Police, District Crime Branch, Vellore District, Vellore. ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the 1st respondent to instruct the 2nd respondent not to harass the petitioner forthwith petitioner's representation dated 25.09.2023.

For Petitioner : Mr.T.Padmanabhan For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/4

O R D E R

Alleging that the respondent police is harassing the petitioner under the guise of enquiry on the complaint given by Jayamurugan.

2. The Government Advocate (Crl.Side) submits that the business transaction is between the defacto complainant and the brother of the petitioner. There is a money dispute and a cheating complaint that is being registered before the District Crime Branch, Vellore. The petitioner is called for enquiry, but he has not participated in the enquiry, and there is no harassment on the part of the respondent.

3. The allegation in the complaint is that the amount cheated has gone to the account of this petitioner. If the petitioner is able to produce the bank statement of accounts showing that no money has been credited to his account from the dealings between his brother and the defacto complainant, there is no necessity for the police to proceed against him. For the completion of the investigation his presence is required. However, the petitioner is not co-operating with the investigation. 2/4

4. Considering the rival submissions, it is sufficient to direct the petitioner herein to appear before the respondent police on 18.10.2023 with his statement of accounts and other documents which he feels relevant for the investigation. The respondent police shall enquire him and then proceed, if any cognizable offence is made out.

5. With the above observation, this Criminal Original Petition is disposed of.

12.10.2023 Index : Yes/No drl To The Superintendent of Police, Vellore District, Vellore.

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

Chrompet, Chennai - 47.

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

3/4

Dr.G.JAYACHANDRAN,J.

drl Crl.O.P.No.22950 of 2023 12.10.2023 4/4