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Madras High CourtCRL OP(MD)/14156/2017closed

Nasar v. The Superintendent Of Police

2017-10-24Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD).No.14156 of 2017 Nasar . . Petitioner Vs.

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

2. The Deputy Superintendent of Police, District Crime Branch, Madurai District, Madurai.

3. The Inspector of Police, District Crime Branch(DCB), Madurai District, Madurai.

. . Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents not to harass the petitioner in the name of enquiry and not to interfere into the civil dispute, in which the petitioner did not have any role. For Petitioner : Mr.M.Solaisamy For Respondents : Mr.K.S.Durai Pandiyan, Additional Public Prosecutor.

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ORDER

This Criminal Original petition is filed for issuing a direction to the respondents not to harass the petitioner in the name of enquiry and not to interfere into the civil dispute, in which the petitioner did not have any role.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. The petitioner states that his brother-in-law, one Babu is working in a manpower company and he is sending people to foreign countries. He further states that he does not know about his brother-in-law's dealings. It is stated that in relation to a

complaint lodged against the brother-in-law of the petitioner alleging job racketing against him, the petitioner was also called for an enquiry. It is further submitted that during the enquiry, the police found that a criminal complaint has been lodged at Melur police station, Madurai District. It is further stated that the petitioner was directed by the police persons to sign as a witness in the statement alleged to have been given by the petitioner's brother-in-law. The petitioner further states that on the basis of his signature as a witness, he is being harassed with an intention to give pressure to his brother-in-law. It is in these circumstances, alleging that he is being harassed by the third respondent, the petitioner has come forward with this petition.

4. Learned Additional Public Prosecutor on instructions submitted that appropriate summons were issued to the petitioner for an enquiry and that the petitioner has received the summons. Except the enquiry that is in connection with the complaint lodged against the petitioner's brother-in-law, it is submitted by the learned Additional Public Prosecutor that there was no harassment.

5. Be that as it may, for the crime alleged to have been committed by the petitioner's brother-in-law, the petitioner need not be harassed. The enquiry need not be gone further to the extent of pressurizing the petitioner for making payment or for insisting him to give pressure to the petitioner's brother-in-law who is alleged to have committed the offence.

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

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To

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

2. The Deputy Superintendent of Police, District Crime Branch, Madurai District, Madurai.

3. The Inspector of Police, District Crime Branch(DCB), Madurai District, Madurai.

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

+1cc to Mr.M.Solaisamy, Advocate Sr.No.83815 PMU VB/MR/KKR/SAR3/06/11/2017/3P/6C Crl.O.P.(MD).No.14156 of 2017 24.10.2017