A. Sivakumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.15292 of 2021 A.Sivakumar ... Petitioner vs.

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

2.The Inspector of Police, Thiruchendur Police Station, Thoothukudi District.

3.Mr.Sundarsingh, The Sub-Inspector of Police, Thiruchendur Police Station, Thoothukudi District.

4.Mr.Sudalaimani, Constable of Police, Thiruchendur Police Station, Thoothukudi District.

5.K.Sathiyakala ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 2 to 4 not to harass the petitioner under the guise of enquiry. For Petitioner : Mr.S.Pooranchandran For R1 & R2 : Mr.RMS.Sethuraman Additional Public Prosecutor

O R D E R

This petition is filed seeking direction to direct the respondents 2 to 4 not to harass the petitioner under the guise of enquiry, on the basis of the complaint given by the fifth petitioner.

2.It appears that the husband of the fifth respondent namely, Kesavan, gave a complaint against one Dr.Atthikumar and Senthilmurugan. The allegation against the petitioner herein and 1/3

his wife Bama is that they are having 38 Sovereigns of gold jewels of the above said Kesavan, in their custody. So, based upon the complaint, given by the Kesavan, enquiry was undertaken, in CSR.No.957 of 2021.

3.The learned counsel for the petitioner would submit that the petitioner is also one of the victim in the above said transaction and without giving proper summons, the fourth respondent herein, has insisted the petitioner to settle the entire amount. But, he is ready to appear before the Enquiry Officer and co-operate with him to complete the enquiry.

4. But, however, proper summon must be issued to the petitioner by the second respondent and the second respondent may not insist the petitioner to settle the entire amount. Depending upon the outcome of the enquiry, the second respondent may take further action.

5. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) dss Note: In view of the present lock down owing to COVID19 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, Thoothukudi District, Superintendent of Police Office, Thoothukudi.

2.The Inspector of Police, Thiruchendur Police Station, Thoothukudi District.

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

Crl.OP(MD)No.15292 of 2021 07.10.2021 NA(CO) SB(01.11.2021) 3P 4C 3/3