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Madras High CourtCRL OP(MD)/19893/2024disposed of

P.Rajesh v. The State Of Tamil Nadu

2024-11-18Honourable Mr Justice M. Nirmal Kumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR P.Rajesh ... Petitioner Vs.

1. The Superintendent of Police, O/o. Superintendent of Police, Karur District.

2. The Inspector of Police, Thanthonrimalai Police Station, Karur District.

3. M.Velmurugan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondent No.2 not to harass the petitioner. For Petitioner : Mr.R.Venkatesan For R-1 & R-2 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor 1/6

ORDER

The Criminal Original Petition has been filed to direct the second respondent, not to harass the petitioner under the guise of an enquiry.

2. The case of the petitioner is that the petitioner sent a representation on 12.11.2024 alleging that under the guise of an enquiry and the complaint, the petitioner has been unnecessarily called and harassed by the second respondent at odd hours. When the petitioner attempt to give an explanation, the same was not considered and he has been threatened that FIR would be registered against the petitioner and also he would be arrested. Further, the third respondent is the Area Manager of Koasamattam Finance Ltd., in which the petitioner earlier served as Branch Manager and the false complaint has been lodged against the petitioner.

3. The learned Additional Public Prosecutor would submit that the third respondent had lodged a complaint on 28.08.2024 as earlier Manage, he was inspecting the earlier Branches of the Finance Company. Further, CCTV Cameras have been installed in almost all the Branches 2/6

and they are connected with Regional Office and to the higher officers, who can monitor the movement of the staff in the Branch. On 26.09.2024, some unusual movements was recorded in Gandhigramam Branch in which it was found that one Selvamani, Hemalatha and Mohanraj were found getting into the safe locker room and verifying the jewels packets which were pledged and at that time, no customers were there in the Branch. Thereafter, an inspection was conducted and it was found that there have been a misappropriation of pledge gold jewels and when the said Selvamai, Hemalatha and Mohanraj were enquired, it was found that with the knowledge and instigation of the petitioner, all the three persons had removed the pledged jewels and given to one Kalpana, who is the sister of the said Selvamani. Further verification of the accounts, it was found that around 34.800 grams of gold jewels were found missing. Hence, with details the third respondent had lodged a complaint for recovery of Rs.2,66,900/- and for that purpose only, the petitioner was called for an enquiry.

4. The learned Counsel appearing for the petitioner would submit that the petitioner is ready to appear before the Investigation Officer and 3/6

would state that he is not present in the scene of occurrence. Only based on the employees of the Branch, the petitioner was called for the enquiry. He further submitted that the petitioner is suffering with liver problem and various ailments and now, he is taking treatment in the Government Hosptial Karur and he seeks time to appear before the respondent police.

5. In view of the above, the petitioner is directed to appear before the respondent police on 10.01.2025 and the respondent police shall conduct the enquiry in accordance with law. Accordingly, this Criminal Original Petition is disposed of.

18.11.2024 NCC : Yes / No Index : Yes / No jbr 4/6

To 1.The Superintendent of Police, O/o. Superintendent of Police, Karur District.

2. The Inspector of Police, Thanthonrimalai Police Station, Karur District.

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

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M.NIRMAL KUMAR, J.

jbr 18.11.2024 6/6