← Library
Madras High CourtCRL OP(MD)/16146/2023disposed of

A.Kannan v. The Superintendent Of Police

2023-09-13Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD)No.16146 of 2023 A.Kannan ... Petitioner Vs.

1.The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Rural Police Station, Virudhunagar District.

3.G.Paramasivam ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd Respondent not to harass the petitioner in the guise of enquiry. For Petitioner :Mr.V.Ganapathy Subramanian For R1 and R2 :Mr.B.Thanga Aravindh Government Advocate (crl.side) For R3 :Mr.M.Rubendran 1/5

O RDER This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking for a direction to the respondent police not to harass the petitioner under the guise of enquiry basing on a complaint allegedly given by the respondent No.3.

2.It is submitted by the learned counsel that the petitioner and the respondent No.3 are the close friends and that out of the friendship, the petitioner has advanced an amount of Rs.50,000/- to the respondent No.3 and when the petitioner started demanding to return the said amount, the respondent No.3 has filed a false complaint before the respondent No.2 police in order to avoid the liability, thereby the respondent No.2 police started harassing the petitioner. It is submitted further that the petitioner was called to the police station number of times, made to sit from morning to evening and the police have directed the petitioner to advance Rs.50,000/- more to the respondent No.3, thereby sought for suitable directions.

2/5

3.The learned Government Advocate (Crl.side) submits that basing on the complaint given by the respondent No.3, the police have registered a case in Crime No.164 of 2023 for the offences 294(b), 506(ii) and 354 IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. 4.Since the respondent police have registered the case basing on the complaint given by the respondent No.3, no further directions can be given in this case, as the police have got a right to investigate the case against the petitioner. Accordingly, this Petition is disposed of.

Speaking : Yes / No 13.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Rural Police Station, Virudhunagar District.

3/5

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

4/5

DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.16146 of 2023 13.09.2023 5/5