P.L.Kalyanasundaram v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P(MD)No.10454 of 2017 P.L.Kalyanasundaram : Petitioner Vs.

1. State rep. by, The Inspector of Police, Ponnamaravathi Police Station, Ponnamaravathi, Pudukottai District.

(Crime No. not known)

2. State. Rep. by, The Superintendent of Police, Pudukottai District, Pudukottai.

: Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the first respondent not to harass the petitioner under the guise of enquiry on the basis of the complaint given by Parasakthi Asari.

For Petitioner : Mr.Antony S.Prabahar For Respondents : Mr.K.Anbarasan, Government Advocate(Crl.Side).

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O R D E R

This Criminal Original petition is filed seeking a direction to the first respondent not to harass the petitioner under the guise of enquiry on the basis of the complaint given by Parasakthi Asari.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal side) appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/

3. It appears that the petitioner introduced one Sevu Annamalai to one Gold Smith, by name, Parasakthi Asari, for the purpose of making gold jewels for "Thiruthani Murugan" temple. It is seen that the said Sevu Annamalai, after receiving the gold jewels, cheated the said Gold Smith. It is on account of the fact that the petitioner alone introduced the said Sevu Annamalai to the said Gold Smith, a complaint was lodged against the said Sevu Annamalai and in connection with the said complaint, the petitioner is also called for enquiry, as he was the one who introduced the accused to the complainant.

4. It is submitted by the learned counsel for the petitioner that the petitioner is frequently called by the first respondent police under the guise of the enquiry and that the petitioner is being harassed unnecessarily.

5. When no specific allegation is made against the petitioner in the said complaint, the petitioner need not be harassed. Even if the presence of the petitioner is required for any enquiry, the same also can be done only after issuing summons prescribing date and time and in the manner known to law.

6. With the above observation, the Criminal Original petition is closed.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To

1. The Inspector of Police, Ponnamaravathi Police Station, Ponnamaravathi, Pudukottai District.

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

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

+One cc to Mr.Antony S.Prabahar, Advocate, SR.No.71412 pmu RL/5C/2P/KK/SAR2/28/8/2017 CRL OP(MD)No.10454 of 2017 https://hcservices.ecourts.gov.in/hcservices/ .08.2017