Madras High CourtCRL OP(MD)/4781/2019disposed of

Selvaraj v. The Superintendent Of Police

2019-03-29Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.4781 of 2019 1.Selvaraj 2.Muniyasamy : Petitioners /Vs./ 1.The Superintendent of Police, Ramnad District.

2.The Inspector of Police, Sikkal Police Station, Ramnad District.

3.Beer Mohamed : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 2nd respondent not to harass the petitioners under the guise of enquiry on the basis of the complaint of 3rd respondent.

For Petitioners : Mr.D.Venkatesh For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to direct the 2nd respondent not to harass the petitioners under the guise of enquiry on the basis of the complaint of 3rd respondent.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the first and second respondents.

3. The learned counsel appearing for the petitioners submitted that the first petitioner had earlier some business transaction with the third respondent, whereby he used to sell his fish to him. Now due to certain differences, he is selling fish to the second petitioner, and irated by it, the third respondent has preferred a false complaint as if the petitioners have cheated. On the basis of it, the second respondent is harassing them.

4. This is refuted by the learned Additional Public Prosecutor and he submitted that the complaint preferred by the third respondent is preliminary enquired and the same is closed. He added that the respondent police have not harassed the petitioner and they have no intention to harass him.

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5. The said statement of the learned Additional Public Prosecutor is recorded.

6. In such circumstances, if at all the respondent police requires the presence of the petitioners for preliminary enquiry / interrogation, they shall issue summons under Section 41 A CrP.C., mentioning specific date and time for enquiry and during enquiry, there shall not be harassment. Accordingly, this criminal original petition is disposed of.

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

2.The Inspector of Police, Sikkal Police Station, Ramnad District.

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

+1cc to Mr.D.Venkatesh,Advocate, SR.No.58299 Crl.O.P.[MD]No.4781 of 2019 29.03.2019 SP/25.04.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/