Madras High CourtCRL OP(MD)/14857/2021disposed of

V. Vairamani v. The Superintendent Of Police

2021-10-01Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.14857 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.14857 of 2021 V.Vairamani ... Petitioner Vs.

1.The Superintendent of Police, Office of Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, District Crime Branch (DCB), Virudhunagar District.

3.Lakshmi Narayanan M/s.Shri.M.Punnaiammal Traders, The Proprietor/Authorised Signatory, 28,P.P.Vaiyapuri Street, Virudhunagar - 626 001.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent herein not to interfere in the Civil Dispute and not to harass the petitioner and his family on the guise of enquiry except under due process of law.

For Petitioner : Mr.M.Shakul Hameed For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction to the second respondent herein not to interfere in the Civil Dispute and not to harass the petitioner and his family on the guise of enquiry except under due process of law.

2.The learned counsel for the petitioner submitted that the son of the petitioner is doing whole sale business, upon which a dispute arose between the petitioner's son and the third respondent herein and he has appears to have given a complaint as if in this business transaction the petitioner is involved. But there is no connection with him.

3.The learned Additional Public Prosecutor submitted that based upon the complaint given by the third respondent herein https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14857 of 2021 before learned Judicial Magistrate No.II, Virudhunagar, Cr.M.P.No.4804 of 2021 has been taken on file and a direction was also issued to the second respondent herein to enquire the parties and file a report. Only based upon which the summon has been issued.

4.Since a complaint has been made against the petitioner and a direction was also issued by the trial Court, the petitioner has to appear before the Enquiry Officer and co-operate with him to complete the enquiry. Summoning the petitioner will not amount to harassment. If any trouble arises out of the enquiry, the petitioner can work out his remedy through proper proceedings. I find no merits in this case.

5.With the above liberty this criminal original petition is disposed of.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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, Office of Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, District Crime Branch (DCB), Virudhunagar District.

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

+2 CC to M/s.M.SHAKUL HAMEED, Advocate (SR-31059[F] dated 04/10/2021) Crl.O.P.(MD)No.14857 of 2021 01.10.2021 SRK(CO)/ SB(01.11.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2