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Aslam @ Mohammed Asalam vs The Inspector Of Police

Madras High Court|05 October, 2017

JUDGMENT / ORDER

This petition is filed for issuing a direction to the first respondent not to harass the petitioner herein under the guise of enquiry.
2. It is stated by the petitioner that the petitioner along with his family members are residing at No.2 Kumaran Nagar, Karikulam, Thiruvidaimaruthur Taluk and that the petitioner is doing some business. It is further stated that in the course of business, there was some money transaction with the second respondent and that the second respondent has given a representation to the Chief Minister's Grievance Cell regarding the non payment of money. It is further stated that the first respondent Police to whom the complaint / representation has been forwarded is harassing the petitioner.
3. The learned Additional Public Prosecutor appearing for the first respondent on instructions submitted that the complaint has been forwarded to the first respondent and that the petition enquiry is pending. As per the representation of the second respondent a sum of Rs.24,00,000/- is due to him and the petitioner who is liable to pay the said huge amount is trying to cheat the second respondent. He further submitted that no case has been registered so far.
4. In such circumstances, the first respondent is directed to register the case if the representation i.e forwarded to the first respondent disclose any cognizable offence against the petitioner. However, if the petitioner is required for an enquiry by the first respondent, the same also shall be done only by issuing summons prescribing date and time and in the manner prescribed in law.
5. With the above observation, the Criminal Original Petition is closed.
To
1.The Inspector of Police, Kumbakonam Taluk Police Station, Kumbakonam, Thanjavur District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
.
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Title

Aslam @ Mohammed Asalam vs The Inspector Of Police

Court

Madras High Court

JudgmentDate
05 October, 2017