Premkumar v. The Commissioner Of Police
Crl.O.P.(MD) No.14006 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.14006 of 2021 1.Premkumar 2.Pradeep ... Petitioners Vs.
1.The Commissioner of Police, Madurai City, Madurai.
2.The Inspector of Police, Anna Nagar (Crime) Police Station, Madurai City, Madurai.
3.Maheshwaran ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent not to harass the petitioner under the guise of enquiry.
For Petitioners : Mr.S.Alagusundar For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)
ORDER
This petition is filed seeking direction to the 2nd respondent not to harass the petitioners under the guise of enquiry, on the basis of the complaint given by the 3rd respondent herein. 2.When the matter is taken up for hearing, the learned counsel appearing for the petitioners would submit that the petitioners were issued with summon by the 2nd respondent and directed to appear before him on 17.08.2021 at about 11.00 am. Even though the summon has been received by them, they did not appear before the Enquiry Officer. He would further submit that there was a transaction between the father of the petitioners and the 2nd respondent, in which, this petitioners are noway involved and a copy of the complaint was not furnished to them to make their case. 3.The learned Government Advocate (Crl.
side) appearing for the respondents 1 and 2 would submit that the 3rd respondent has given a complaint against this petitioners stating that promising to secure a job in the Tamil Nadu Cement Corporation Limited, they received a sum of Rs.12,50,000/- and thereafter, did not secure the job as https://hcservices.ecourts.gov.
Crl.O.P.(MD) No.14006 of 2021 promised. On that basis, the petitioners were summoned to appear before the Enquiry Officer in various dates.
4.Since serious allegation has been made against this petitioners, they have to appear before the Enquiry Officer and cooperate with him to complete the enquiry. So, the question of harassment may not and will not arise. Mere summoning of a person will not amount to harassment. Moreover, as stated above, since serious allegation has been made against this petitioners, I find no merit in this petition. The petitioners are directed to appear before the 2nd respondent and cooperate with him to complete the enquiry. If any trouble arises in future, they can workout their remedy appropriately through appropriate proceedings. 5.With the aforesaid direction and liberty, this petition stands dismissed.
Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Commissioner of Police, Madurai City, Madurai.
2.The Inspector of Police, Anna Nagar (Crime) Police Station, Madurai City, Madurai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.14006 of 2021 21.09.2021 RS (28.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2