P.Thanapandi v. The Superintendent of Police

O RDER

This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking for a direction to the respondent No.2 police not to harass the petitioner under the guise of enquiry.

2.According to the learned counsel for the petitioner, the petitioner was working as Manager in Muthoottu–Mini Financier's Ltd., Checkkanoorani Branch, Theni and on account of his problem with the vision, he has subsequently resigned. The unofficial respondent No.3 stated to have filed a complaint before the respondent Nos.1 and 2 police making allegations against the petitioner, on which the respondent police are harassing the petitioner unnecessarily without following due process of law and therefore, sought for intervention.

3.Mr.M.Maran, learned counsel for the respondent No.3 submits that the petitioner has misappropriated funds, basing on which a complaint was given and requested further time for filing counter. This petition is originally filed by the petitioner seeking for a direction to the respondent police not to harass the petitioner, thereby there is no role to be played by the respondent No.3 and therefore, the request for grant of time to file counter is declined.

4.The learned Government Advocate (Crl.side) on the other hand submits that the complaint given by the respondent No.3 was registered as CSR.No.403 of 2023 dated 12.07.2023 and an enquiry is initiated and even before the enquiry is completed, the petitioner in order to get over the enquiry has filed this petition. It is submitted further that the respondent police will complete the enquiry shortly.

5.It is submitted by the learned counsel for the petitioner that the petitioner has appeared before the police during the course of enquiry. However, the police have been insisting the petitioner to clear the dues. However, the learned Government Advocate (Crl.side) while denying the same has submitted that the respondent police have not directed the petitioner to pay the money as alleged.

6.In view of the above, this Petition is disposed of directing the respondent police to dispose of the representation of the petitioner as quickly as possible by following due process of law.

Speaking : Yes / No

25.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To

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

2.The Inspector of Police, Chekkanurani Police Station, Chekkanurani, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. DR.D.NAGARJUN. J. mm Crl.O.P.(MD)No.14921 of 2023

25.08.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2023 CORAM: THE HONOURABLE DR.JUSTICE D.NAGARJUN P.Thanapandi ... Petitioner Vs. 1.The Superintendent of Police, Madurai, Madurai District. 2.The Inspector of Police, Chekkanurani Police Station, Chekkanurani, Madurai District. 3.Balasubramaniam ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd Respondent not to harass the petitioner and his family members under the guise of enquiry. For Petitioner :Mr.N.Madhavagovindan For R1 and R2 :Mr.B.Thanga Aravindh Government Advocate (crl.side)