Madras High CourtCRL OP(MD)/15539/2020disposed of

Ramesh v. The Inspector Of Police

2020-12-23Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.15539 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.15539 of 2020 Ramesh ... Petitioner Vs.

1.The Inspector of Police, District Crime Branch, Pudukkottai District, Pudukkottai.

2.Pugalendhi ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent not to harass the petitioner and his family members in the guise of enquiry based on the complaint of the second respondent.

For Petitioner : Mr.P.T.Thiaagaraj For R1 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to direct the first respondent not to harass the petitioner and his family members in the guise of enquiry based on the complaint of the second respondent.

2. The learned counsel for the petitioner would submit that the petitioner is working as supervisor in a reputed company and the second respondent has given a false complaint against the petitioner as if he cheated the second respondent on the promise of arranging job in Singapore. The petitioner was served with the summon in that case and also filed his explanation. He would further submit that the petitioner is ready to co-operate with the enquiry. But, based on the said complaint, the respondent police is harassing the petitioner. Hence, the petitioner has filed the present petition with the aforesaid prayer.

3. The learned Additional Public Prosecutor, appearing for the first respondent, on instructions, would submit that the petitioner has cheated the second respondent to the tune of Rs.1,50,000/- as if he would arrange for job in Singapore. The learned Additional Public Prosecutor further submitted that only for the purpose of enquiry, the respondent police called the petitioner and they are not harassing her.

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Crl.O.P.(MD)No.15539 of 2020

4. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

5. Whatever might be the circumstances, the respondent police is directed to follow the principles laid down by the Hon'ble Apex Court in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 while enquiring the petitioner.

6. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) ta 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 Inspector of Police, District Crime Branch, Pudukkottai District, Pudukkottai.

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

+1CC to Mr.M.S.jeya Karthik,Advocate,SR.No.27306 dated 28/12/2020 Crl.O.P.(MD)No.15539 of 2020 23.12.2020 NA(CO) KB(08.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2