A.Balasubramanian v. The Superintendent Of Police
Crl.O.P.(MD)No.13516 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2021 CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.13516 of 2021 A.Balasubramanian
...Petitioner
Vs.
1.The Superintendent of Police, Virudhunagar District.
2.The Sub Inspector of Police, Sattur Police Station, Virudhunagar District.
...Respondents
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent not to harass the petitioner under the guise of enquiry. For Petitioner : Mr.R.Jenifar Bibin For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side)
ORDER
This petition has been filed seeking direction to the second respondent not to harass the petitioner under the guise of enquiry.
2.The case of the petitioner is that he is a goldsmith by profession and working in a jewellery shop on daily wages basis. No case has been registered against him and in that occasion, he has been called for enquiry unnecessarily. On 15.09.2021, the following observation has been made by this Court on the basis of the submission made by the learned Additional Public Prosecutor. It has been stated that one Veerarajamanikanda Poopathi gave a complaint that one Muthuraman had obtained loan from various banks and during the course of enquiry, it was found that the said Muthuraman used the mobile phone of the petitioner and to decide the involvement of the petitioner, he was summoned. So, on that ground, the petitioner has to appear before the enquiry officer and co-operate with him. 3.
When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that during the course of enquiry, it was found that Rs.2,00,000/- was transferred to the account of the petitioner's wife by the above said Muthuraman. In order to ascertain the involvement of the petitioner, summons was issued to him, but he failed to appear.
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Crl.O.P.(MD)No.13516 of 2021 4.Since serious allegations have been made against the petitioner, he has to necessarily appear before the enquiry officer and co-operate with him. Without doing so, he is before this Court with the present petition. This is not fair on the part of the petitioner. The petitioner is directed to appear before the enquiry officer and co-perate with him to complete the enquiry. I do not find any merit in this petition. Accordingly, this Criminal Original Petition is dismissed with the above direction. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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, Virudhunagar District.
2.The Sub Inspector of Police, Sattur Police Station, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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