T.Saravanan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN T.Saravanan ... Petitioner Vs.
1.The Superintendent of Police, Tenkasi District, Tenkasi.
2.The Inspector of Police, Vasudevanallur Police Station, Tenkasi District, 3.Karunakaran ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, directing the second respondent to not to harass the petitioner under the guise of enquiry on the complaint made by the third respondent For Petitioner : Mr.S.Murugapandi For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) 1/5
O R D E R This Criminal Original Petition has been filed to direct the second respondent to not to harass the petitioner under the guise of enquiry on the complaint made by the third respondent.
2. The contention of the petitioner is that he has rented his house to one Karuppayee and the said Karuppayee requested him to give his G.pay number which was connected with his bank account for the purpose that she has to get loan from one of his relative namely Karunakaran, who is the defacto complainant. The further contention is that as per the direction of Karuppayee, the defacto complainant has sent Rs.1 lakh to the account of the petitioner and immediately he has withdrawn the same and handed over to her. Thereafter, she borrowed a sum of Rs.3,50,000/- from the mother of the petitioner and also borrowed money from so many persons and after few months, she vacated the premises without repaying the money to anyone. Thereafter, she filed Insolvency Petition in I.P. No.20 of 2023 on the file of the Sub Court, Madurai against the mother of the petitioner and 13 others. After knowing about the Insolvency Petition filed by the said Karuppayee, her relative Karunakaran lodged a false complaint before the second 2/5
respondent stating that the petitioner received a sum of Rs.1 lakh for getting a job in abroad for his Son. Thereafter, as per the summon of the second respondent, the petitioner appeared before the second respondent and gave written explanation and also the petitioner informed that the defacto complainant is unknown person and he is no way connected with the petitioner. The petitioner states that the alleged amount was borrowed by Karuppayee, who is relative of the third respondent. Thereafter, the second respondent accepted the written explanation and closed the complaint and also advised the third respondent to approach the appropriate civil court. Now, the second respondent issued summons to the petitioner and harassing the petitioner, hence the present petition has been filed.
3. The learned Government Advocate (Crl.Side) would submit that one Karupayee, who is the neighbor of the complainant received money through this petitioners. Later, she escaped and absconded without paying money. After some time she filed I.P.No.20 of 2023 before the Sub Court, Madurai against Kavitha, W/o.Karunakaran, the mother of the petitioner and 13 others, since money has been transferred through the account of this petitioner complaint was given against the petitioner also. During the course of enquiry complainant narrated the facts and it 3/5
was closed, hence nothing survives for further adjudication in this petition.
4. Recording the submission made by the learned Government Advocate(Crl.Side) this petition stands closed. 01.12.2023 Index : Yes/No Internet : Yes/No AAV To 1.The Superintendent of Police, Tenkasi District, Tenkasi.
2.The Inspector of Police, Vasudevanallur Police Station, Tenkasi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN. J.
AAV 01.12.2023 5/5