Madras High CourtCRL OP(MD)/12349/2020disposed of

Muthuramalingam v. The Superintendent Of Police

2020-11-04Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.12349 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.12349 of 2020 Muthuramalingam ... Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2. The Inspector of Police Ilanchembur Police Station, Ramanathapuram District.

3. Poornavalli

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent to strictly instruct the second respondent for not to harass the petitioner. For Petitioner : Mr.R.Alagumani For Respondents 1 and 2 : Mr.V.Neelakandan, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the first respondent to strictly instruct the second respondent for not to harass the petitioner.

2.The petitioner would state that there was a money transaction between the petitioner and the third respondent and the petitioner had repaid the amount with interest, but the third respondent is being an influential person, threatened him to pay interest. The petitioner would state that he put his signature before the second respondent with fear without any alternative option. On 28.10.2020, the petitioner sent a representation to the first respondent and requested to protect him from the harassment in the hands of the second respondent. Hence, he approaches this Court. 3.When the petition is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents 1 and 2, on instructions, would submit that there is an enquiry pending against the petitioner.

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C rl.O.P.(MD)No.12349 of 2020 4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

5.Considering the facts and circumstances of the case, this Criminal Original Petition is disposed of with a direction to the respondents 1 and 2 to follow the principles laid down by the Hon'ble Apex Court in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 while enquiring the petitioner. Sd/- Assistant Registrar (Records) // 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 Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2. The Inspector of Police Ilanchembur Police Station, Ramanathapuram District.

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

+1 CC to M/s.R.ALAGUMANI, Advocate (SR-21398[F] dated 06/11/2020 ) Crl.O.P.[MD]No.12349 of 2020 04.11.2020 SSS(CO) CS(19.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2