Madras High CourtCRL OP(MD)/3570/2016closed

Iyyappan v. The Superintendent Of Police

2016-08-19Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2016

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA Crl.O.P.(MD).No.3570 of 2016 Iyyappan .. Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Vallioor Police Station, Tirunelveli District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the 2nd respondent Police not to harass the petitioner.

For Petitioner : Mr.T.A.Ebenezer For respondents : Mr.K.V.Rajarajan, Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the 2nd respondent not to harass the petitioner under the guise of enquiry. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 3.The learned counsel for the petitioner would submit that even as per the complaint made by the defacto complainant, the transaction was only between Suguna Chits Private Limited and the defacto complainant and the petitioner is only a person, who is stated to have recommended the transaction and no offence is made out as against the petitioner. However, the respondent Police frequently called the petitioner to the Police Station and harassed him under the guise of enquiry.

4.The learned Government Advocate (Criminal Side) submitted that petitioner was called only for enquiry in respect of a petition pending against Suguna Chits Private Limited and that the 2nd respondent Police did not cause any harassment to the petitioner. However, he gave an undertaking that if at all the presence of the petitioner is required, the respondents would call the petitioner for enquiry only after issuing summons giving https://hcservices.ecourts.gov.in/hcservices/

specific date, time and place and that he will not be harassed by the second respondent Police.

5.Recording the above undertaking given by the learned Government Advocate, this Criminal Original Petition is closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Vallioor Police Station, Tirunelveli District.

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

+One cc to Mr.T.A.Ebenezer, Advocate, SR.No.46068 gcg RL/5C/2P/SK/SKN/8/9/2016 Crl.O.P(MD)No.3570 of 2016 19/08/2016 https://hcservices.ecourts.gov.in/hcservices/