Sundaramoorthy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Sundaramoorthy .. Petitioner Vs.

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

2.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

3.Muthukamatchi .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent police not to harass on the guise of enquiry against the petitioner and his family members based on the complaint given by the third respondent.

For Petitioners : Mr.S.Sivaprakash For Respondents : Mr.K.Sanjai Gandhi No.1 & 2 Government Advocate(Crl.Side) 1/5

ORDER

The petitioner is an astrologer. In the year 2019, the third respondent was introduced to the petitioner by his friend one Kannan. One Sonasuruli, who is a local councillor of the Municipality had come into contact with the petitioner and they came to know each other well. 2.The third respondent had requested the petitioner to get a job for his son. Hence, they approached the councillor Sonasurli and the said Sonasuruli had borrowed a sum of Rs.7 lakhs from Muthukamatchi through the petitioner for getting a job of Assistant in the Cooperative Bank. The said Sonasuruli neither secured job for the third respondent's son and nor returned the amount to Muthukamatchi. The petitioner had enquired the Sonasuruli in this regard and he stated that he handed over the money to the Minister.

The Minister had not taken any steps and hence, he had threatened the petitioner and sent him away. Thereafter, the petitioner has been receiving constant threat from political parties. Putting forth all these aspects, the petitioner has lodged a complaint to the respondent police including the Superintendent of Police. However, no action has been taken.

harassing the petitioner under the guise of enquiry based on the complaint given by the third respondent.

3.The learned Additional Public Prosecutor appearing for the respondent police submits that the petitioner and Sonasuruli colluding with each other, collected huge sum from the third respondent to the tune of Rs.7 lakhs and cheated him. Hence, on the complaint of the third respondent, CSR No.1153 of 2024 has been assigned and the petitioner was called for enquiry on 30.11.2024. Thereafter the petitioner had given an undertaking that he would ensure the return of amount and hence, the complaint was closed. Since the petitioner had failed to act as per the undertaking, the third respondent now sent the complaint to the Superintendent of Police, which was forwarded to the second respondent. Hence, the petitioner was called for enquiry. 4.The learned Additional Public Prosecutor further submitted that as against Sonasuruli, there are nine previous cases and his position as councilor will not deter the respondent Police from taking stern action against him. If the petitioner's contention is found to be true, appropriate action will be taken by the respondent police. 3/5

5.Recording the above submission, this Criminal Original Petition is disposed of. The Deputy Superintendent of Police, Dindigul town is directed to monitor the investigation and ensure that appropriate action is taken on the petitioner's complaint.

28.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ta To 1.The Deputy Superintendent of Police, Dindigul 2.The Superintendent of Police, Dindigul District, Dindigul.

3.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

M.NIRMAL KUMAR,J.

ta 28.01.2025 5/5