Madras High CourtCRL OP(MD)/14928/2017closed

T.K.P.Raja Pandian v. The Superintendent Of Police

2017-11-06Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.14928 of 2017 T.K.P. Rajapandian : Petitioner -Vs1.The Superintendant of Police, Thirunelveli District, Thirunelveli.

2.The Inspector of Police, Suthamalli Police Station, Suthamalli, Thirunelveli District.

: Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent not to harass the petitioner based on the representation dated 28.10.2017 of the petitioner.

For Petitioner : Mr.N. Pragalathan For Respondents 1 & 2 : Mr.K.S. Duraipandian Additional Public Prosecutor ***

O R D E R

This petition is filed for issuing a direction to the respondents Police not to harass the petitioner under the guise of enquiry.

2. The petitioner states that he was called by the Suthamalli Police Station asking him to appear before the second respondent. It is further stated that the second respondent threatened the petitioner stating that he is going to register a case against the petitioner for charging exorbitant interest. The petitioner further states that he is not doing any money lending business. When the petitioner filed anticipatory bail petition it was represented by the respondent that no complaint was received against the petitioner and that the anticipatory bail petition was also dismissed. It is further stated that the respondent police unnecessarily harassing the petitioner without even registering the case.

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3. The learned Additional Public Prosecutor appearing for the respondents on instructions submitted that no complaint was received against the petitioner and that there is no question of harassment and no further enquiry is contemplated.

4. Having regard to the facts narrated by the learned counsel appearing for the petitioner this Court is able to see some truth in it. However, considering the fact that no further enquiry will be conducted and no enquiry is contemplated there will not be any harassment of the petitioner. Hence, this petition is closed. Even if a complaint is received against the petitioner the same shall also be enquired only in the manner known to law and as per the directions and guidelines of the Hon'ble Supreme Court in D.K.Basu Case reported in 1997 (1) SCC 416.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Superintendant of Police, Thirunelveli District, Thirunelveli.

2.The Inspector of Police, Suthamalli Police Station, Suthamalli, Thirunelveli District.

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

+1cc to Mr.N. Pragalathan, Advocate Sr.No.85421 TRP VB/MR/KKR/SAR4/17/11/2017/2P/5C CRL.O.P.(MD)No.14928 of 2017 06.11.2017 https://hcservices.ecourts.gov.in/hcservices/