Madras High CourtCRL OP(MD)/3038/2019disposed of

Suresh v. The Superintendent Of Police,

2019-04-05Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.3038 of 2019 Suresh ... Petitioner /Vs./ 1.The Superintendent of Police, Sivagangai District.

2.Saravana Bose, Sub-Inspector of Police, Karaikudi North Police Station, Sivagangai District.

3.Vijayalakshmi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C to direct the second respondent not to harass the petitioner under the guise of enquiry on the basis of the complaint of the third respondent.

For Petitioner : Mr.D.Venkatesh For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. side) For R-2 & R-3 : No Appearance

ORDER

The petitioner complains that the second respondent, Sub Inspector of Police has entered his house to obtain two blank cheques and directed the petitioner to hand over 10 sovereign of gold jewellery of the third respondent without any lawful justification. Since the second respondent is named in the petition, this Court has directed notice to him. The notice has been served too, but he chose not to appear.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the first respondent.

3.The learned Government Advocate (Crl. Side) submitted that inasmuch as the second respondent has been named in the petition, the notice has been served, that he will not be able to make a statement of his behind. As per his instructions, he added that the third respondent has preferred a complaint alleging that the https://hcservices.ecourts.gov.in/hcservices/

petitioner has to hand over 10 sovereign of gold jewellery. 4.This case has got two parts. So far as the alleged harassment by the second respondent and some of the allegations made against him are concerned, the petitioner is now directed to file a representation / complaint to the first respondent, who shall cause such necessary enquiry into the matter and take appropriate action in terms of findings of enquiry. So far as the second part is concerned, if any complaint by the third respondent is filed and if it discloses commission of any cognizable offence, then the respondent police are directed to act as per law. At any rate, there shall not be any harassment of the petitioner by any of the police officials.

5.Accordingly, this criminal original petition is disposed of. Sd/- Assistant Registrar(Crl.Side) // True Copy // Sub Assistant Registrar(CS ) To 1.The Superintendent of Police, Sivagangai District.

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

+1 CC to M/s.D.VENKATESH, Advocate in SR-59748 Crl.O.P.(MD)No.3038 of 2019 05.04.2019 sm PK/02.05.2019 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/