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Madras High CourtCRL OP(MD)/21738/2022disposed of

S.R.Durairasu v. The Superintendent Of Police

2022-12-09Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2022

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Crl.O.P.(MD)No.21738of 2022 S.R.Durairasu ... Petitioner Vs.

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

2.The Inspector of Police, District Crime Branch, Thoothukudi, Thoothukudi District.

3.The Sub-Inspector of Police, District Crime Branch, Thoothukudi, Thoothukudi District.

4.The Inspector of Police, Thoothukudi North Police Station, Thoothukudi, Thoothukudi District.

5.The Inspector of Police, Puthiamputhur Police Station, Puthiamputhur, Thoothukudi District.

6.Muthu Kumar ... Respondents 1/5

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the second respondent, his subordinates, etc., not to harass the petitioner under the guise of enquiry based on the petitioner's representation, dated 02.12.2022. For Petitioners : Mr.N.Pragalathan, For Respondents : Mr.R.Sivakumar Government Advocate (Crl. Side) for R1 to R5.

: Mr.Joseph Zinson, for R6.

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the second respondent, his subordinates, etc., not to harass the petitioner under the guise of enquiry based on the petitioner's representation, dated 02.12.2022.

2. The learned counsel for the petitioner would submit that there arose dispute between the petitioner and the sixth respondent regarding business transaction. With regard to the same, the sixth respondent 2/5

lodged a false complaint against the petitioner herein, on the basis of which, the respondent Police has been harassing the petitioner under the guise of enquiry. Hence, the petitioner is constrained to file the above petition.

3. The learned Government Advocate (Criminal Side) appearing for the State would submit that they have received the complaint from the sixth respondent, based on which, enquiry is pending.

4. In view of the above, the second respondent police is directed to follow the dictum laid down in the case of Lalita Kumari Vs. Government of Uttar Pradesh and Others reported in (2014) 2 SCC 1 and pass orders in accordance with law, within a period of one week from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition stands disposed of.

09.12.2022 Index :

Yes / No Internet :

Yes / No das 3/5

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

2.The Inspector of Police, District Crime Branch, Thoothukudi, Thoothukudi District.

3.The Sub-Inspector of Police, District Crime Branch, Thoothukudi, Thoothukudi District.

4.The Inspector of Police, Thoothukudi North Police Station, Thoothukudi, Thoothukudi District.

5.The Inspector of Police, Puthiamputhur Police Station, Puthiamputhur, Thoothukudi District.

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

4/5

K.MURALI SHANKAR,J.

das Order made in Dated: 09.12.2022 5/5