Madras High CourtCRL OP(MD)/413/2018disposed of

(*) Shanmugaraja @ v. The Superintendent Of Police

2018-01-17Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.01.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.413 of 2018 Shanmugaraja @ Santhosh Kumar ... Petitioner -vs1. The Superintendant of Police, Sivagangai, Sivagangai District.

2. The Inspector of Police, District Crime Branch, Collectorate Campus, Sivagangai District.

... Respondents Prayer: Criminal Original petitions are filed under Section 482 of Criminal Procedure Code, to direct the second respondent not to harass the petitioner by calling him to Police Station without any reason under the guise of enquiry in a pure civil dispute. For Petitioner : Mr.K.N.Govardhanan For Respondents : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, to direct the second respondent, not to harass the petitioner under the guise of enquiry, based on the complaint given by one Raguraman.

2.The learned counsel appearing for the petitioner has submitted that one Raguraman gave a complaint stating that the petitioner's father, during his life time had borrowed some amount and issued two cheques and in such a case it is open to the said Raguraman, to file a Civil suit and get remedy and instead of that he gave a false complaint against the petitioner and based on that complaint, the second respondent is harassing the petitioner under the guise of the enquiry.

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3.The learned Government Advocate (Crl.Side) has submitted that the petitioner's father, namely, Dhanaraj was working as Court Staff in the Manamadurai District Munsif Court. Both the petitioner and his father gave a false promise to the said Raguraman, by saying that they will make arrangements for getting a job in Madurai District Court and obtained Rs.1,00,000/- and subsequently, the petitioner's father died and hence the said Raguraman gave a complaint to the second respondent and only for the purpose of enquiry, the petitioner was called and he was not subjected to any harassment.

4.Considering the above submissions, the second respondent is directed to enquire the matter and if the enquiry reveals, any cognizable offence, then he can register a case and proceed further in accordance with law and during the enquiry the petitioner should not be subjected to any harassment.

5.Recording the aforesaid observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Sivagangai, Sivagangai District.

2. The Inspector of Police, District Crime Branch, Collectorate Campus, Sivagangai District.

Sss MV:GT:SAR3:07/02/2018/2P/3C CRL.O.P.(MD)No.413 of 2018 17.01.2018.

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