V.Vairamani v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP V.Vairamani ... Petitioner /vs./ 1.The Superintendent of Police, Office of Superintendent of Police, Virudhunagar District.

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

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

4.Lakshmi Narayanan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, 1973, to direct the third respondent herein not to harass the petitioner and his family on the guise of enquiry except accordance with law. 1/6

For Petitioner : Mr.M.Shakul Hameed For Respondents : Mr.A.Albert James Government Advocate (Crl.) (For R1 to R3) Mr.M.Musthafakhan (For R4)

ORDER

The Petitioner has filed this Criminal Original Petition seeking for a direction to the third respondent herein not to harass the Petitioner and his family members, under the guise of enquiry.

2.The learned Government Advocate (Crl.) takes notice for the Official Respondent/s and Mr.Musthafa Khan, learned counsel takes notice for the fourth respondent.

3.When the matter is taken up for hearing, the learned Counsel appearing for the Petitioner seeks adjournment.

4.The learned Counsel appearing for the Fourth Respondent objects to grant adjournment stating that a complaint has been given by the fourth 2/6

respondent, which is still pending, wherein, the petitioner is alleged to have sent a forged message as if created by the Bank and whenever a summon is issued to the Petitioner for pending enquiry, with regard to the case registered against him, he appears before this Court and seeks for a direction not to harass. He further submits that this Court had also passed orders in Crl.O.P.(MD)No.14857 of 2021 dated 01.10.2021, which was filed by the very same Petitioner and in Crl.O.P. (MD)No.13898 of 2022 dated 02.08.2022, which was filed by the fourth respondent herein.

5.The learned Government Advocate (Crl.) appearing for the Official Respondents objects to grant adjournment stating that a case has been registered against the petitioner, for which, he is not cooperating with the pending enquiry and hence, seeks for a direction from this Court to the petitioner to cooperate with the pending enquiry.

6.In view of the above, the conduct of the petitioner seeking for a direction not to harass is found to be dilatory tactics. Considering the earlier orders passed by this Court in Crl.O.P.(MD)No.14857 of 2021 dated 01.10.2021 and Crl.O.P. 3/6

(MD)No.13898 of 2022 dated 02.08.2022 and in the light of the objections made by the learned Government Advocate (Crl.) appearing for the Official Respondent/s and learned counsel appearing for the fourth respondent, this Criminal Original Petition is dismissed with a direction to the petitioner to cooperate with the pending enquiry, in accordance with law. 07.09.2022 Index : Yes / No Internet : Yes / No sm Note: Issue Order Copy on 08.09.2022.

4/6

TO:

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

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

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

5/6

SATHI KUMAR SUKUMARA KURUP , J.

Sm Order made in Dated:

07.09.2022 6/6