Madras High CourtCRL OP(MD)/12326/2020disposed of

Vijayaraghavan v. The District Superintendent Of Police

2020-11-05Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.12326 of 2020 Vijayaraghavan ... Petitioner Vs.

1.The State of Tamil Nadu Rep. by its District Superintendant of Police Nagercoil, 2.The Sub Inspector of Police District Crime Branch, Nagercoil.

3.The Inspector of Police, Kanyakumari Police Station (L & O), Kanyakumari, ... Respondents 1 to 3 4.E.Neela Perumal ... 4th Respondents/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 to 3 police to not to harass the petitioner under the guise of the enquiry on the basis of the alleged complaint given by the fourth respondent the defacto complainant herein, as the respondent police have no jurisdiction to conduct enquiry.

For Petitioner : Mr.P.M.Vishuvarthanan For Respondents 1 to 3 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondents 1 to 3 to not to harass the petitioner under the guise of the enquiry on the basis of the alleged complaint given by the fourth respondent the defacto complainant herein, as the respondent police have no jurisdiction to conduct enquiry. 1/3

2. The learned counsel for the petitioner would submit that though the transactions took place in Chennai, by way of a complaint, they have stated that the transactions took place in the native place of the petitioner and different complaints have been filed before the first respondent, was now forwarded to the third respondent police station.

3.Though the learned counsel for the Petitioner sought for a different relief, when the matter is taken up for hearing today, the learned counsel confines his prayer seeking indulgence of this Court for a direction to the Superintendant of Police, Nagercoil, to monitor the investigation to be done by the respondents 2 and 3, for which, the learned Additional Public Prosecutor has no objection.

4.In view of the above said submission, the first respondent is directed to monitor the investigation to be done by the respondents 2 and 3, based on the complaint given the fourth respondent, dated 15.09.2020, in accordance with law.

5. With the aforesaid direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (crl side) // True Copy // / /2020 Sub Assistant Registrar(CS) rm 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 State of Tamil Nadu Rep. by its District Superintendant of Police Nagercoil, 2.The Sub Inspector of Police District Crime Branch, Nagercoil.

2/3

3.The Inspector of Police, Kanyakumari Police Station (L & O), Kanyakumari, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.P.M. VISHNUVARTHANAN, Advocate ( SR-21438[F] dated 06/11/2020 ) Crl.O.P.[MD]No.12326 of 2020 05.11.2020 VB (11.11.2020) 3P 6C 3/3