Sankar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Sankar ... Petitioner vs.

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

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

3.The Inspector of Police, District Crime Branch, Dindigul district.

4.Mathivanan 5.The Inspector of Police, Natham, Dindigul district.

... Respondents (R5 is suo motu impleaded as per order of the Court dated 21.06.2023 in Crl.O.P(MD)No.11024 of 2023) 1/5

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to issue suitable direction to the respondents 2 and 3 not to harass the petitioner and his family members on the guise of the enquiry based on the representation dated 07.06.2023 given by the petitioner. For Petitioner : Mr.S.Thangaraj For R1 to R3 : Mr.B.Thanga Aravindh Government Advocate (Crl. Side)

ORDER

This petition is filed seeking for a direction to the respondents 2 and 3 Police not to harass the petitioner and his family members basing on the representation dated 07.06.2023 given by the petitioner.

2. It is submitted by the learned counsel that the petitioner is a real estate agent and the 4th respondent without any basis has filed a false complaint before the respondents 1 to 3 Police, thereby, the Police have been harassing him. It is also submitted that even if there is any dispute, it is purely a commercial dispute, thereby, the Police has no role to play. 2/5

3. The learned Government Advocate (Criminal Side) submits that originally the complaint was pending before the third respondent and subsequently, it was transferred to Natham Police Station, Dindigul District. As per the direction of this Court, Natham Police has been impleaded as a party to this petition.

4. After taking instructions, the learned Government Advocate (Criminal Side) submits that Natham Police has not initiated any enquiry and therefore the allegation of harassment by the respondent Police is incorrect.

5. Considering the same, this criminal original petition is closed with a direction to the fifth respondent Police to complete the investigation in respect of the representation that is allegedly pending on their file by following due process of law.

14.07.2023 Speaking/Non-speaking Order NCC : Yes / No Index : Yes / No mbi 3/5

To 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

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

3.The Inspector of Police, District Crime Branch, Dindigul district.

4.The Inspector of Police, Natham, Dindigul district.

4/5

DR.D.NAGARJUN, J.

mbi 14.07.2023 5/5