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Madras High CourtCRL OP(MD)/11097/2019dismissed

S.R.Kesavaraj v. The Superintendent Of Police

2019-08-08Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD) No.11097 of 2019 S.R.Kesavaraj ... Petitioner

Versus

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

2.The Inspector of Police, District Crime Branch, Dindigul District, Dindigul.

3.The Inspector of Police, West Town Police Station, Dindigul, Dindigul District.

4.Ayyadurai ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code to direct the third respondent not to harass the petitioner in the guise of enquiry, on the basis of petitioner's representation, dated 15.07.2019. For Petitioner : Mr.T.Vadivelan For R1 to R3 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

This petition has been filed seeking a direction to the third respondent police not to harass the petitioner under the guise of enquiry.

2. The grievance of the petitioner is that, the fourth respondent has given a complaint against the petitioner alleging that the petitioner has received money from various persons for selling a house site and failed to register any house site in their favour. Now, based on the complaint given by the fourth respondent https://hcservices.ecourts.gov.in/hcservices/

and other persons, under the guise of conducting enquiry, the second and third respondents are harassing the petitioner.

3. The learned counsel appearing for the petitioner would submit that the fourth respondent is also one of the partners and now, he turned against the petitioner.

4. The learned Government Advocate (Crl.side) on instructions would submit that now based on the complaint given by the fourth respondent and other persons, F.I.R. has been registered against the petitioner in Crime No.26 of 2019 for the offences under Sections 406 and 420 of I.P.C. and the investigation is pending.

5. Considering the fact that already F.I.R. has been registered against the petitioner, the relief sought for by the petitioner cannot be granted and it is for the respondent police to proceed with the investigation and file a final report against all the persons, who are involved in the offences. Accordingly, the criminal original petition is dismissed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, District Crime Branch, Dindigul District, Dindigul.

3.The Inspector of Police, West Town Police Station, Dindigul, Dindigul District.

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

+1 CC to M/s.T.VADIVELAN, Advocate ( SR-80680[F] dated 08/08/2019 ) Order made in Crl.O.P.(MD) No.11097 of 2019 Dated: 08.08.2019 akv JMN(27.08.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/