Varadharajan v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.01.2020
CORAM
THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.34149 of 2019 Varadharajan
...Petitioner
-Vs1.State Rep by The Commissioner of Police Greater Chennai, Chennai.
2.The Deputy Commissioner of Police, Ambattur Police Station, Avadi, Chennai.
3.The Inspector of Police, Thirumallaivayol Police Station, Chennai.
4.Sekar
...Respondents
Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the fourth respondent not to harass the petitioner in any manner except by due process of law pursuant to the representation dated 12.12.2019 given to the respondents.
For Petitioner : Mr.T.Muruganantham For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 to R3
ORDER
This petition has been filed to direct the fourth respondent not to harass the petitioner in any manner except by due process of law.
2. The learned counsel for the petitioner has submitted that the petitioner was running a man power agency in the name and style of M/s.Achiever Group of Companies. One person by name Che Guevora son of Selvaraj without any qualification
wanted to join as a faculty. He further submitted that after seeing the qualification of the said person, the petitioner did not select him and thereafter he started to give trouble to the petitioner with the help of fourth respondent. He further submitted that the third respondent without applying the mind registered a case against the petitioner in Cr.No.817 of 2018 on 10.08.2018, and in the said case, the petitioner has got Anticipatory Bail and the petitioner has complied with the condition imposed by this court and subsequnetly the condition was relaxed. He further submitted that no other case is pending against the petitioner and only to harass the petitioner, the fourth respondent is subsequently calling the petitioner.
3. Per contra, the learned Additional Public Prosecutor has submitted that the petitioner has started a company under the name and style of M/s.Achiever Group of Companies by saying that he will arrange job and collected a sum of Rs.15,00,000/- from several persons and hence a case was registered in Crime No.817 of 2018 under Sections 420, 120(b), 294(b) IPC. He further submitted that the petitioner was arrested in that case and subsequently he was released on bail. He further submitted that thereafter the petitioner has closed the previous company and started a new company by name and style of M/s.V. Timbers and now he is collecting the money from the public and hence the petitioner is required for enquiry and he was not subjected to any harassment.
4. Considering the submission made by the learned Additional Public prosecutor that now the petitioner has started a new company under the name and style of M/s.V. Timbers and trying to collect the money from the public and only with regard to the activities of V.Timbers, the petitioner was called for enquiry and was not subjected to any harassment, this Court does not find any merit in this petition.
5. For the aforesaid reasons, this petition is dismissed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar drl
To 1.The Commissioner of Police Greater Chennai, Chennai.
2.The Deputy Commissioner of Police, Ambattur Police Station, Avadi, Chennai.
3.The Inspector of Police, Thirumallaivayol Police Station, Chennai.
4.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.34149 of 2019 BR(CO) CB(28/02/2020)