J.Dhanaraj Solomon Swamidoss v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.O.P(MD)No.13282 of 2022 J.Dhanaraj Solomon Swamidoss ... Petitioner Vs.

1.The Commissioner of Police, Tirunelveli City.

2.The Inspector of Police, Perumalpuram Police Station (Crimes), Tirunelveli City.

3.The Inspector of Police, City Crime Branch, Tirunelveli City.

4.Saroja

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the Inspector of Police, City Crime Branch, Tirunelveli City/the second Respondent herein, not to harass the petitioner on the false and successive complaint given by the fourth respondent.

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For Petitioner : Mr.R.Anand, For Mr.P.Gunasekaran For R-1 to R-3 : Mr.A.Albert James, Government Advocate (Criminal Side).

ORDER

This Criminal Original Petition has been filed directing the Inspector of Police, City Crime Branch, Tirunelveli City/the second Respondent herein, not to harass the petitioner on the false and successive complaint given by the fourth respondent

2. The facts of the case are that a complaint has been preferred by the fourth respondent against the petitioner with regard to getting a job to the son of the fourth respondent. After receiving the amount from the fourth respondent, the petitioner fails to arrange job, as he assured to the fourth respondent. In this regard, a complaint has been lodged by the fourth respondent against the petitioner and in such circumstances, the petitioner was repeatedly harassed by the respondent Police. Having no other way, the 2/5

petitioner preferred a representation dated 12.07.2022 to the respondent Police not to harass him under the guise of enquiry.

3. The learned counsel for the petitioner submitted that initially the complainant/fourth respondent gave a complaint against the petitioner and the Inspector of Police, Crime Branch, Tirunelveli District enquired the matter and the petitioner returned Rs.3,25,000/- received from the complainant/fourth respondent and the petition was also closed on payment of the aforesaid amount. Again, another complaint has been preferred against the petitioner. Based on this complaint, the respondent Police keep on harassing the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent Police submitted that the case was closed on payment of Rs.3,25,000/- (Rupees Three Lakhs Twenty Five Thousand only). Subsequently, it came to know that the amount was deposited to the account of one Jeyakumar and the investigation is under progress. 3/5

5. Recording the same, this Court directs the second respondent to conduct the enquiry based on the complaint given by the fourth respondent, without harassing the petitioner in accordance with law and also permitted to conduct investigation.

6. With the above direction, this Criminal Original Petition is disposed of.

26.07.2022 Index : Yes / No Internet : Yes/ No Nsr To 1.The Commissioner of Police, Tirunelveli City.

2.The Inspector of Police, Perumalpuram Police Station (Crimes), Tirunelveli City.

3.The Inspector of Police, City Crime Branch, Tirunelveli City.

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

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V.SIVAGNANAM, J.

Nsr Crl.O.P(MD)No.13282 of 2022 26.07.2022 5/5