Prakash v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN 1.Prakash 2.Senthil ... Petitioners Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police (Crime), Keerathurai Police Station, Madurai City.

3.Bala Devi ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent not to harass the petitioners under the guise of enquiry. For Petitioners :Mr.K.Sathish Kumar For R1 & R2 :Mr.B.Thanga Aravindh Government Advocate (crl.side) For De-Facto Complainant :Mr.S.Jeyakumar 1/4

O RDER This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking for a direction to the respondent No.2 police not to harass the petitioners on a complaint given by the respondent No.3. 2.When the matter was taken up for hearing earlier on 28.07.2023, this Court has directed the respondent police to dispose of the representation of the respondent No.3 within two weeks. It is submitted by the learned Government Advocate (Crl.side) that in response to the same, notice has been ordered to both the parties on 13.07.2023 and both the petitioner and the respondent No.3 appeared on 16.07.2023 and gave an undertaking that they would appear further for enquiry and failed to appear and in spite of the respondent police have been repeatedly calling the petitioner to appear over telephone, the petitioner failed to appear.

3.The learned counsel for the petitioner submits that the police insisted the petitioner to issue the cheque in favour of the respondent No.3. 2/4

4.In view of the above, this Petition is disposed of directing the petitioner appear before the police on 28.08.2023, on which the respondent police are directed to enquire in respect of the representation of the respondent No.3 and register the case, in case if cognizance of offence is made out or otherwise close the same with appropriate proceedings. The respondent police are further directed to follow the procedure scrupulously during the course of enquiry of the petition submitted by the respondent No.3.

Speaking : Yes / No 09.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police (Crime), Keerathurai Police Station, Madurai City.

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

3/4

DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.12631 of 2023 09.08.2023 4/4