A.Raja v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.10024 of 2024 A.Raja ... Petitioner Vs 1.The Commissioner of Police, Madurai City, Madurai.

2.The Assistant Commissioner of Police, Sellur Range, Madurai City.

3. N.K Jeyamani

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue direction directing the 2nd respondent not to harass the petitioner under the guise of enquiry and pass such other further order or appropriate direction. For Petitioner : Mr.S.Poornachandran For R1 & R2 : Mr.M.Satkhi Kumar Government Advocate(Crl.side)

O R D E R

The petitioner has approached this Court to direct the second respondent not to harass him under the guise of an enquiry. 1/4

2.The petitioner claims that he is running a provisional Store for his livelihood. He is also doing a brokerage for selling cars and two wheelers. As such, he has mediated for sale of a Car with one Vijay Babu for the third respondent. Thereafter, they both have proceeded with the purchase. However, the petitioner was directed to appear before the respondent police for an enquiry based on the complaint lodged by the third respondent.

3.Mr.M.Satkhi Kumar, learned Government Advocate (Crl.side) appearing for the respondents 1 & 2 and submits that this petitioner has sold a car, which was involved in a crime. The third respondent believing the words of the petitioner has purchased a car and later it was recovered in connection with a criminal case. The third respondent has insisted the petitioner to return the money. However, the petitioner has not done so. Therefore, a complaint has been lodged before the Assistant Commissioner and the same was forwarded to the concerned police for conducting an enquiry and the same is pending in current paper.

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4.Considering the rival submissions made, the respondent police is directed to proceed with the enquiry on the complaint dated 27.03.2024, which was kept pending in the stage of current paper and take appropriate action, in accordance with law. The respondent police shall not harass the petitioner.

5.With the above direction, this Criminal Original Petition is allowed.

08.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes vrn To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Assistant Commissioner of Police, Sellur Range, Madurai City.

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

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B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.10024 of 2024 08.07.2024 4/4