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Madras High CourtCRL OP(MD)/4357/2017closed

Pitchiah v. The Superintendent Of Police,

2017-04-13Honourable Mr Justice M. Sathyanarayanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Criminal Original Petition (MD) No.4357 of 2017 Pitchiah ... Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Cheranmadevi, Tirunelveli District.

3.The Inspector of Police, Veeravanallur Police Station, Veeravanallur, Tirunelveli District.

4.Murugan ... Respondents PRAYER:This petition is preferred under Section 482 Cr.P.C to direct the respondents police not to harass the petitioner based on his representation dated 05.04.2017.

For Petitioner : Mr.T.A.Ebenezer For R-1 to R-3 : Mr.A.P.Balasubramani, Government Advocate(Crl. Side)

ORDER

The petitioner approaches this Court with a prayer to direct the respondents police not to harass the petitioner based on his representation dated 05.04.2017.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the State and also perused the materials available on record.

3. The grievance expressed by the petitioner is that he is one of the Collecting Agents of a Finance Company by name VJL Diaries and he is nothing to do with the offence. In fact, he along with one Muthukumarasaami filed a civil suit in O.S.No.7 of 2016 on the file of the Court of District Munsif, Amabasamudram against one Murugan and Maheswari, who are the Partners of the said VJL Diaries and the said suit is still pending. https://hcservices.ecourts.gov.in/hcservices/

Subsequently, based on a false complaint given by some of the Collecting Agents, the petitioner is being harassed by the respondent police and they are compelling the petitioner to convey his properties to the depositors and therefore, he came forward to file this petition.

4. The learned Government Advocate(Crl. Side) appearing for the State on instructions would submit that based on the complaint given with regard to non-payment of deposits on maturity, the second respondent is conducting enquiry strictly in accordance with law.

5. It is needless to point out that in the event of any complaint being lodged alleging commission of cognizable offence, the concerned police official has to conduct investigation strictly in accordance with law and proceed further depending upon the result of the investigation.

6. In the result, this Criminal Original Petition is closed subject to the above said observation.

Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Cheranmadevi, Tirunelveli District.

3.The Inspector of Police, Veeravanallur Police Station, Veeravanallur, Tirunelveli District.

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

+1 CC to MR.T.A.EBENEZER, Advocate, SR No. 51916/17. PM PSM/MMS/04.05.2017/2P/6C Crl.O.P(MD).No.4357 of 2017 13.04.2017 https://hcservices.ecourts.gov.in/hcservices/