Madras High CourtCRL OP(MD)/3931/2019disposed of

R.Thangavel v. The Superintendent Of Police

2019-03-15Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.3931 of 2019 1.R.Thangavel 2.Mareeswari : Petitioners Vs.

1.The Superintendent of Police, Madurai District.

2.The State rep by, The Inspector of Police, District Crime Branch, Madurai District.

3.Manimaran(SSI), District Crime Branch, Madurai District.

4.Vijaya : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first and second respondents to instruct the third respondent not to harass the petitioners under the guise of false enquiry.

For Petitioners : Mr.R.Sundar For R1 and R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The present petition has been filed to direct the first and second respondents to instruct the third respondent not to harass the petitioners under the guise of enquiry.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent. This Court paid its anxious consideration to the submissions made on either side.

3. The learned counsel for the petitioners submits that the petitioners face harassment at the hands of the third respondent presumably based on the complaint of the fourth respondent.

4. The learned Additional Public Prosecutor submits that the fourth respondent is running a Chit, in which the petitioners are subscribers. They have prized the Chit, but they have not paid the amount to the fourth respondent. Hence, the complaint has been lodged and the same is being enquired into.

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5. In such view of the matter, this Court holds that if the second respondent intends to hold any preliminary enquiry and requires to interrogate the petitioners, the same shall be done on summons under Section 41-A Cr.P.C., mentioning the specific date and time for enquiry. The petitioners are also directed to co-operate with the enquiry. During enquiry, there shall not be harassment to the petitioners.

6. With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Madurai District.

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

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

Crl.O.P.[MD]No.3931 of 2019 ta KK/SAR/08.04.2019/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/