Subramanian v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:30.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Subramanian ... Petitioner Vs.

1.The State represented by, The Superintendent of Police, Thoothukudi District.

2.The State, Rep by The Assistant Superintendent of Police, Thoothukudi Rural Division, Thoothukudi District.

3.The State, Rep.by The inspector of Police, District Crime Branch(DCB), Thoothukudi District.

4.Gandhimathi 5.Chinnathai @ Seethalakshmi 6.Vijayakumar ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to issue a direction directing the respondents 1 to 3 police not to harass the petitioner in connection with the compliant 1/5

made by the respondents 4 and 5 dated 24.07.2023 on the file of the third respondent police under the guise of enquiry. For Petitioner : Mr.S.Vishnuvardhan For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate (Crl.side)

ORDER

This Criminal Original Petition is filed to issue a direction directing the respondents 1 to 3 police not to harass the petitioner in connection with the compliant made by the respondents 4 and 5 dated 24.07.2023 on the file of the third respondent police under the guise of enquiry.

2. In the complaint given by the fourth respondent herein, she has stated that along with the fifth respondent namely Chinnathai, gave a sum of Rs.11 Lakhs to this petitioner. After receiving the amount, this petitioner is not repaying the same over which she gave a complaint upon which C.S.R.Nos.1081 and 1082 of 2022 were registered. During enquiry, this petitioner appeared and gave a statement that all the money was in turn given to one Vijayakumar. This petitioner promised to get 2/5

the money back from the said Vijayakumar and return to the private respondents herein. During the course of enquiry, Vijaya Kumar also appeared and stated that the money was in turn given to one Pal Arputharaj.

3. Learned counsel for the petitioner submitted that he appeared before the respondent police several times, inspite of that, harassment continues. According to him, he introduced the co-accused to the defacto complainant. Except that he was not involved in the transaction. The money received by him was transferred to the account of the coaccused.

4. If it is so, let him co-operate with the respondent and complete the process of enquiry. If any trouble arises, during the course of enquiry, the petitioner is at liberty to work out remedy through appropriate proceedings. The allegations of such nature cannot be taken lightly. The petitioner does not deserve any consideration. 3/5

5. With this observation, this Criminal Original Petition is dismissed.

30.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn To 1.The Superintendent of Police, Thoothukudi District. 2.The Assistant Superintendent of Police, Thoothukudi Rural Division, Thoothukudi District. 3.The inspector of Police, District Crime Branch(DCB), Thoothukudi District.

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

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G.ILANGOVAN , J.

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