Madras High CourtCRL OP(MD)/11023/2021disposed of

R.Podhumani v. The Superintendent Of Police

2021-09-16Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.11023 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.11023 of 2021 1.R.Podhumani 2.Ramachandran ... Petitioners Vs.

1.The Superintendent of Police, Dindigul District, Dindigul 2.The Sub-Inspector of Police, District Crime Branch, Office of the District Crime Branch, Dindigul District, Dindigul 3.Aameenal @ Aameenal Beevi [F50] ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent not to harass the petitioners in the guise of enquiry with regard to the complaint lodged by the third respondent.

For Petitioners : Mr.V.Angusamy For R-1 & R2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to the second respondent not to harass the petitioners under the guise of enquiry on the basis of the complaint lodged by the third respondent.

2. When the matter was taken up for hearing on 10.08.2021, the Additional Public Prosecutor submitted that there is allegation against the first petitioner to the effect that he is running an unregistered Chit Fund company and cheated many persons to the tune of Rs.12,85,500/- based upon which enquiry was undertaken. Hence, the petitioners were directed to appear before the Enquiry Officer and co-operate with him to complete the enquiry. The submission that the first petitioner was running an unregistered chit fund was denied by the learned counsel for the petitioners and stated that it is purely money transaction.

3. When the matter was listed today, the learned Additional Public Prosecutor would submit that the third respondent did not https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.11023 of 2021 attend enquiry and because of the absence of the third respondent, it is kept pending. Since enquiry is underway on the basis of the complaint given by the third respondent, the petitioners have to cooperate with the Enquiry Officer and the question of harassment as stated by the petitioners will not arise.

4. Recording the submission of the learned Additional Public Prosecutor, this petition is disposed of and if any trouble arises in future, the petitioners are at liberty to work out their remedy before the appropriate forum through appropriate proceedings. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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, Dindigul District, Dindigul 2.The Sub-Inspector of Police, District Crime Branch, Office of the District Crime Branch, Dindigul District, Dindigul 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.11023 of 2021 16.09.2021 RK (07.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2