Madras High CourtCRL OP(MD)/13859/2023disposed of

K.G Balasubramanian v. The Assistant Commissioner Of Police

2023-08-03Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN 1.K.G.Balasubramanian 2.M.R.Jalaja ... Petitioners Vs 1.The Assistant Commissioner of Police, Anna Nagar Police Station, Madurai City.

2.The Sub Inspector of Police, Anna Nagar Police Station, Madurai City.

3.S.Natchiappan .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the first and second respondents not to harass the petitioners in the name of enquiry, without following the due process of law based on the false complaint given by the third respondent herein. For Petitioners : Mr.N.Sathish Babu For R-1 & R-2 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) 1/4

O R D E R

This Criminal Original Petition is filed under Section 482 of Cr.P.C seeking for a direction to the first and second respondents not to harass the petitioners under the guise of enquiry based on a false complaint given by the third respondent herein.

2. It is submitted by learned counsel for the petitioners that the third respondent has fraudulently created certain documents in respect of the property belonging to the petitioners. Accordingly, the petitioners have filed a complaint before various authorities including respondent Nos.1 and 2 Police and the respondent Police having convinced that in respect of the submissions made by the petitioners and a case is also registered against the third respondent. It is further submitted that in order to accept the liability in respect of a criminal case, which is pending registered against the third respondent, a false complaint is given to respondent Nos.1 and 2, on which, the respondent Nos.1 and 2 Police have been harassing the petitionerd, therefore, sought for suitable directions.

3. It is further submitted by learned Government Advocate (Criminal Side) that the complaint given by respondent No.3 has been registered as current paper and enquiry is being initiated and reported that within a short time, the enquiry will be completed.

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4. Considering the submissions made by both sides and on going through the records, this petition is disposed of directing respondent Nos.1 and 2 Police to complete the enquiry in respect of current paper filed by respondent No.3 against the petitioners as quickly as possible not later than two weeks from the date of receipt of a copy of this order by following due process of law. 03.08.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Assistant Commissioner of Police, Anna Nagar Police Station, Madurai City.

2.The Sub Inspector of Police, Anna Nagar Police Station, Madurai City.

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

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DR.D.NAGARJUN, J.

tsg 03.08.2023 4/4