Madras High CourtCRL OP(MD)/9224/2017closed

D.Perumal v. The Inspector Of Police

2017-07-19Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.9224 of 2017 D.Perumal : Petitioner -Vs1.State represented by the Inspector of Police, D1- Tallakulam (L&O) Police Station, Madurai.

2.Alagumuthu, Sub-Inspector of Police, D1- Tallakulam (L&O) Police Station, Madurai.

3.Muthaiah, Special Sub-Inspector of Police, D1- Tallakulam (L&O) Police Station, Madurai.

4.Ramya 5.Moovendran ...Respondents PRAYER : Petition is filed under Section 482 of the Criminal Procedure Code, to direct the respondent and his officials not to harass the petitioner and his family members unnecessarily against law under the guise of enquiry and pass such further or other orders.

For Petitioner : Mr.R.Neethi Rajaram For RR 1,2 & 3 : Mr.K.Anbarasan Government Advocate(Crl.Side)

O R D E R

This petition is filed for a direction to the respondent and his officials not to harass the petitioner and his family members unnecessarily under the guise of enquiry.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents 1 to 3 and perused the records.

3. It is the contention of the learned counsel for the petitioner that the petitioner is being harassed by the respondent police on the complaint that was allegedly given by the fourth respondent as against the petitioner. He also submitted that the https://hcservices.ecourts.gov.in/hcservices/

respondents 2 and 3 have obtained an undertaking to repay the amount of Rs.21,000/- to the fourth respondent from the petitioner and though the dispute is purely civil in nature, they are compelling the petitioner to pay the money.

4. The learned Government Advocate (Crl.Side) on instructions, would submit that no petition enquiry is pending against the petitioner and that the petitioner is not called for any enquiry.

5. Having regard to the allegation that the petitioner was compelled to give an undertaking to repay the amount at the instance of the respondents 2 and 3, this Court is of the view that the respondents shall not call the petitioner for enquiry, unless it is required and that too after issuing summons in the manner prescribing in law.

6. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, D1- Tallakulam (L&O) Police Station, Madurai. 2.The Sub-Inspector of Police, D1- Tallakulam (L&O) Police Station, Madurai. 3.Special Sub-Inspector of Police, D1- Tallakulam (L&O) Police Station, Madurai 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL.O.P.(MD)No.9224 of 2017 19.07.2017 JM/JC/SAR 1/27.07.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/