Madras High CourtCRL OP(MD)/9315/2019disposed of

Karthikeyan v. The Superintendent Of Police

2019-07-03Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD) No.9315 of 2019 1.Karthikeyan 2.Murugesan : Petitioners

Versus

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

2.The Additional Deputy Superintendent of Police, District Crime Branch, Pudukottai District, Pudukottai.

3.The Inspector of Police, District Crime Branch, Pudukottai District, Pudukottai.

: Respondents Prayer: Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the second and third respondents not to harass the petitioners in the guise of enquiry on the basis of petitioners' representation dated 27.06.2019. For Petitioners :Mr.T.Vadivelan For Respondents :Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side) *****

O R D E R

This petition has been filed seeking a direction to the second and third respondents not to harass the petitioners under the guise of enquiry, on the basis of the petitioners' representation dated 27.06.2019.

2. The grievance of the petitioners is that earlier, based on the complaint given by one Gnanajothi, the third respondent registered a crime against the petitioners in Crime No.4 of 2019 for the offences punishable under Sections 120(B), 419, 420, 465, 467, 468 and 471 of the Indian Penal Code and the petitioners were also released on bail. The investigation in the above said crime is pending. Now, the second respondent is calling the petitioners for enquiry and also harassing them and threatened

them to pay the amount to one of the complainants. In the above circumstances, the present petition has been filed.

3. The learned Government Advocate (Criminal side) appearing for the respondents, on instructions, submitted that based on the complaint given by one Gnanajothi, a crime has been registered against the petitioners and three others on the ground that they have forged some documents and sold the property to third parties. The investigation in the said complaint is pending. In the meanwhile, the fifth accused in the above said crime has given another complaint against the petitioners and others on the ground that the petitioners and others cheated the fifth accused and the petition has been forwarded by the Inspector General of Police, South Zone and the above complaint has been transferred to the second respondent. Now, the second respondent is only called the petitioners for enquiry on the complaint and they are not harassing the petitioners.

4. Considering the fact that the complaint is pending against the petitioners, the petitioners are directed to cooperate with the enquiry and the second and third respondents are directed not to harass the petitioners under the guise of enquiry.

5. The Criminal Original Petition is disposed of with the above direction.

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

2.The Additional Deputy Superintendent of Police, District Crime Branch, Pudukottai District, Pudukottai.

3.The Inspector of Police, District Crime Branch, Pudukottai District, Pudukottai.

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

+1cc To M/S.T.VADIVELAN, Advocate, Sr.No.73364 Order made in Crl.O.P.(MD) No.9315 of 2019 Dated: 03.07.2019 BUC(15.07.2019) 3P 6C