← Library
Madras High CourtCRL OP(MD)/10014/2017closed

Sangilimuthu, v. The Superintendent Of Police,

2017-08-18Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.10014 of 2017 Sangilimuthu : Petitioner -Vs1. The Superintendent of Police, Karur.

2. The Inspector of Police, Thogamalai Police Station, Karur District.

3. The Sub Inspector of Police, Thogamalai Police Station, Karur District.

: Respondent PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to direct the respondents 2 and 3 not to harass the petitioner herein without due process of law. For Petitioner : Ms.Porkodi Karnan for M/S/Polex Legal Solution For Respondents : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

This petition is filed for issuing a direction directing the respondents 2 and 3 not to harass the petitioner herein without due process of law.

2.The case of the petitioner is that he is carrying on cable T.V. business in Thogamalai, a place in Kulithurai Taluk, Karur District. It was further stated in the petition that a case was registered against the petitioner by the respondents 2 and 3 in Crime No.243 of 2017 for the offences punishable under Sections 294 (b), 353, 509 and 506(i) of I.P.C. It was further stated that the petitioner has grievance against the respondents 2 and 3 for the offences committed by them as against the petitioner and that the respondents 2 and 3 have registered a complaint as against the https://hcservices.ecourts.gov.in/hcservices/

petitioner instead of proceeding against them on the basis of the complaint lodged by the petitioner. It was further stated that under the pretext of enquiry, the petitioner is being harassed by the respondents 2 and 3. It was further stated that the petitioner was therefore constrained to file the above Criminal Original Petition.

3.In the counter affidavit filed by the second respondent it is stated that the second respondent only registered a complaint and prepared the observation mahazar, rough sketch and recording the statement of witnesses under Section 161(3) of Criminal Procedure Code. It was further stated that a charge sheet was also filed on 12.07.2017 and the same was taken on file on 19.07.2017 in C.C.No.121 of 2017. Since the matter is posted now for evidence, it is stated that the petition filed by the petitioner do not hold water and it is liable to be dismissed.

4.Having regard to the specific stand taken by the second respondent, that the enquiry is already over and that the final report has already been filed long back, no further direction is required and therefore, this Criminal Original Petition is closed. Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Karur.

2. The Inspector of Police, Thogamalai Police Station, Karur District.

3. The Sub Inspector of Police, Thogamalai Police Station, Karur District.

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

SRM TE/JC/SAR-I : 04/09/2017 : 2P/5C CRL.O.P.(MD)No.10014 of 2017 18.08.2017 https://hcservices.ecourts.gov.in/hcservices/