Dinil P.K v. The Inspector Of Police Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Dinil P.K.

... Petitioner Vs.

The Inspector of Police, Cyber Crime Police Station, Karur District, Tamil Nadu.

... Respondent Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, 1973 to direct the respondent police not to harass the petitioner based on the unknown complaint under the guise of enquiry. For Petitioner : Mr.D.Murugan For Respondent : Mr.A.Thiruvadi Kumar Additional Public Prosecutor *****

O R D E R

The Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, 1973, seeking to direct the respondent police not to harass the petitioner based on the unknown complaint under the guise of enquiry.

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2. The petitioner was summoned for enquiry in Crime No.9/2024 for offences punishable under Section 316(4) of the BNSS Act and Section 66D of the Information Technology Act, 2000. The contention of the petitioner is that, under the guise of enquiry, he is being harassed, including having doors knocked at odd hours. The petitioner was directed to appear on 28.12.2024, but the summons was served on him only on 26.12.2024, around midnight. The petitioner appeared and gave an explanation to the respondent police regarding the transactions made in his account. In such circumstances, calling the petitioner for enquiry without proper summons and without providing sufficient time is nothing but harassment.

3. The learned Additional Public Prosecutor for the respondent submitted that the petitioner is required for enquiry in Crime No.9/2024, which is a job bracketing case involving more than Rs.10,00,000/-. Over Rs.1,00,000/- has been transacted in the petitioner's account. The petitioner has been called for the purpose of providing clarification. In fact, in this case, one Shibu filed an Anticipatory Bail Petition in Crl.O.P. (MD) No.19447 of 2024. By an order dated 12.11.2024, this Court directed the said Shibu to attend for enquiry, and summons were issued to Page No. 2 of 4

him. For the purpose of clarification and getting details, the petitioner is required.

4. The learned counsel for the petitioner, on instructions, submitted that the petitioner would appear before the respondent police on 29.01.2025 without fail, and give an explanation along with supporting materials.

5. Recording the above, this Criminal Original Petition stands disposed of with the direction that the petitioner shall appear before the respondent police on 29.01.2025, along with the supporting materials as stated above.

20.01.2025 Index: Yes/ No Speaking Order/Non-Speaking Order JEN To:

1.The Inspector of Police, Cyber Crime Police Station, Karur District, Tamil Nadu.

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

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M.NIRMAL KUMAR , J.

JEN 20.01.2025 Page No. 4 of 4