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Madras High CourtCRL OP(MD)/3201/2016closed

Thiru.Dr.K.V.Kuppusamy v. The Inspector Of Police

2016-03-14Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:14.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.3201 of 2016 and Crl.M.P.(MD).Nos.1622 to 1624 of 2016 Dr.K.V.Kuppusamy The Chairman Rathina VelSubramaniam Educational Trust, Sulur Coimbatore-641 402, Coimbatore District.

... Petitioner vs.

1.The Inspector of Police, Inamkulathur Police Station, Tiruchirapalli -621 303, Tiruchirapalli District.

2.M.Rajasekaran 3.M.Rajaramanathan ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C., to call for the records in connection with the impugned summons issued, by dated 13.02.2016 and quash the same.

For Petitioner : Mr.Issac Mohanlal For Respondents : Ms.S.Prabha G.A.(Crl.Side) for R1 Ms.R.Yamuna for R2 & R3 for Mr.V.Illanchezian

O R D E R

On 26.02.2016, this Court passed the following order:- "It is seen that the complaint has been given by an Ex-M.L.A., directly to the Additional Director General of Police, based on which an enquiry been conducted by the Inspector of Police, Inamkulathur Police Station, Tiruchirappalli District.

2. On a reading of the complaint, there appears to be a civil dispute between the petitioner, who is said to be a Coimbatore based educationist, aged about 74 years. However, the respondent police has not registered a regular F.I.R. and are only conducting a preliminary enquiry. The Inspector of Police has issued summons to the petitioner to appear before him, with regard to the complaint, for enquiry on 15.02.2016 at

10.00 a.m.

3. It is the contention of the petitioner that the matter is purely civil in nature and there is absolutely no criminality in it and that the petitioner had sent his Accounts Officer, with all the accounts books, to the respondent police, for explaining the transactions, despite which, the police are insisting on the presence of the petitioner.

4. On reading of the complaint dated 25.12.2015, this Court finds that Proprio Vigore, the complaint does not disclose the commission of cognizable offence and in order to add pepper and salt, the defacto complainant has stated that the petitioner had intimidated him. However, this Court will loath to interfere, when summons are issued by the police officer for enquiry, as that is the minimum action the police officer can take before proceeding further when a complaint is lodged before him.

3. Mr.Issac Mohanlal submitted that there is an imminent threat to the life of the petitioner, if he travels from Coimbatore to Trichy, as he fears that the henchmen of the complainant may attack him.

4. Mrs.R.Yamuna, learned counsel for the complainant gave an undertaking before this Court that no harm will befall the petitioner, when he appears for enquiry. Her undertaking is recorded.

5. This Court is closely monitoring this case and therefore the petitioner is directed to appear before the Deputy Superintendent of Police, Jeeyapuram, Trichy District on 10.03.2016 at 10.30 a.m. with all the relevant records. The police shall ensure that the petitioner is treated decently befitting his age and standing in the society.

Call the matter on 14.03.2016."

2. Learned Government Advocate (criminal side) submits that the petitioner had complied with the order of the Court and came for enquiry and give all the documents needed for enquiry. On the contrary, it is the defacto complainant who has not furnished the requisite documents for enquiry.

3. In such circumstances, the respondent police is directed to conduct the enquiry and if it is found that there is no case, it is needless to state that the respondent police shall file a closure report and not harass the petitioner unnecessarily.

4. This criminal original petition is closed with the above

direction. Henceforth, the petitioner need not appear for enquiry and if any further clarification or document is required, it would suffice, if he sends the same through his Manager. Connected miscellaneous petitions are also closed.

Sd/ Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Inamkulathur Police Station, Tiruchirapalli -621 303, Tiruchirapalli District.

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

+1cc to Mr.V.Illachezian, Advocate in Sr.No.14281 +1cc to Mr.Isaac Mohanlal, Advocate in Sr.No.14337 Cn/sks-sk/24.03.2016/3P-5C Crl.O.P.(MD) No.3201 of 2016 & Crl.M.P.(MD).Nos.1622 to 1624 of 2016 14.03.2016