High CourtsSingle Bench(2019) 07 MAD CK 0130

Dr.P.Balachandar vs State

Madras High Court · Decided on 2 July 2019

HON’BLE JUDGES
N. Anand Venkatesh, J
RESULT
Disposed Of
CASE NUMBER
Criminal Original Petition No. 16854 Of 2019

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Judgment

8 paragraphs · 349 words

N. Anand Venkatesh, J

1.

This petition has been filed seeking for a direction to the respondent police not to harass the petitioner.

2.

It is seen from the records that one Saravanan had given a complaint before the respondent police against the petitioner on the ground that the petitioner has received a sum of Rs.4,00,000/- from him and subsequently cheated Judge, Puducherry, apprehending arrest. When the matter came up for hearing on 18.06.2019 it was represented on the side of the respondent police that no FIR or no complaint has been registered or pending against the petitioner and only a preliminary enquiry is being conducted. Recording the submission, the petition was closed.

3.

It is the grievance of the petitioner that even subsequent to the order passed by the Sessions Court, the respondent police continue to harass the petitioner in the name of enquiry.

4.

The learned counsel for the petitioner submitted that the petitioner is aged about 73 years and he is being unnecessarily harassed by the respondent police in a money dispute between the petitioner and the said Saravanan.

5.

The learned Additional Public Prosecutor appearing on behalf of the respondent police submitted that the respondent police were calling the petitioner only for a preliminary enquiry and that the respondent police will not harass the petitioner.

6.

Taking into consideration the facts and circumstances of the case, the respondent police cannot continue to keep the petition at a preliminary enquiry stage for more than 14 days and they have to act upon the complaint by either registering an FIR or closing the complaint in accordance with the guidelines given by the Hon'ble Supreme Court in Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 35.

7.

This Criminal Original Petition is disposed of with the direction to the respondent police not to harass the petitioner in the name of enquiry and to take a decision in accordance with law as per the guidelines given by the Hon'ble Supreme Court in Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 35.