Madras High CourtCRL OP(MD)/9749/2021dismissed

Gnanaselvi v. The Superintendent Of Police

2021-09-30Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.9749 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.09.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.9749 of 2021 1.R.Gnanaselvi 2.R.Balakumar ... Petitioners Vs.

1.The Superintendent of Police, Madurai Rural, Madurai.

2.The State Through The Deputy Superintendent of Police, District Crime Branch, Madurai.

3.State Through The Inspector of Police, District Crime Branch, Madurai.

4.Renuga Devi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the second respondent police not to harass the petitioner under the guise of an enquiry. For Petitioners : No Appearance For R1 to R3 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to direct the second respondent police not to harass the petitioner under the guise of an enquiry.

2.Heard the learned counsel appearing on either side. 3.When the matter was taken up for hearing on 22.07.2021, the learned Additional Public Prosecutor submitted that the fourth respondent has given a complaint stating that the petitioners, by promising to arrange the loan for a Self Help Group, cheated Rs.2 crores and enquiry is pending. Since serious allegation levelled against the petitioner, a direction was issued to the petitioner to appear before the Enquiry Officer and co-operate with the enquiry. On that ground, it was adjourned to 17.08.2021. 4.On 17.08.2021, the learned counsel for the petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.9749 of 2021 submitted that no summon was issued to the petitioner. Hence, again a direction was given to the petitioner to appear before the Enquiry Officer, without waiting for summon. On that ground, it was directed to be listed today for final disposal.

5.Today, when the matter is taken up for hearing, there was no representation on the side of the petitioner. However, the learned Additional Public Prosecutor would submit that inspite of repeated direction given by this Court, the petitioner has not appeared before the Enquiry Officer and co-operated to complete the enquiry. 6.It appears that in order to avoid enquiry, the petitioner has filed this petition, without any basis. So, this petition deserves no consideration. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) cp Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Superintendent of Police, Madurai Rural, Madurai.

2.The Deputy Superintendent of Police, District Crime Branch, Madurai.

3.The Inspector of Police, District Crime Branch, Madurai.

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

Crl.O.P(MD)No.9749 of 2021 30.09.2021 NSN(CO) RS/PM (02.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2