IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.06.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.10455 of 2017
1. Mr.Roche Vijaya Mohana Murali 2.Mr.Kishore
3. Mr.Bhargav Reddy
4. Mr.Ravi Sheebiah Kumar ... Petitioners Vs
1. The Deputy Commissioner of Police Ambattur Range, Ambattur Tiruvallur District.
2. The Assistant Commissioner of Police Ambattur Range, Ambattur, Tiruvallur District.
3. State, rep. By The Inspector of Police, T-2 Ambattur Estate Police Station, Tiruvallur District.
4. R.Susindaran ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the third respondent not to harass the petitioners complaint made by the fourth respondent.
For Petitioner : Mr.Mohammed Aasif For RR1 to 3 : Mr.C.Emalias, Addl. Public Prosecutor For R4 : Mr.Ganesh Babu ORDER The present criminal original petition has been filed seeking a direction to the third respondent not to harass the petitioners.
2. It is the case of the petitioners that they were doing an E-Sevai Maiyam, Man Power consultancy all over Tamil Nadu allocated by ELCOT for which the petitioners have entered into an agreement with the fourth respondent for the supply of man power in CSC centre for the district of Kancheepuram and Thirvallur to collect the government service charges from public and deposit the same to government account to Government MIS report on a daily basis. Whileso, the ELCOT department had holded back 13 months payment to the Global Finsol Pvt. Ltd., and it turns to the M/s.Aartha Technology and services Pvt. Ltd due to some misappropriation in the payment of collection amount. On verification, it was said to be found that the fourth respondent has misappropriated the Government cash collected from the public. Whileso, the fourth respondent has given complaint against the petitioners stating that the petitioners are having payment dues. In this regard, an enquiry was conducted and the petitioners have issued two post dated cheques to the fourth respondent, which was made stop payment later. In this regard a complaint was lodged by the fourth respondent before the Commissioner of Police and the same has been forwarded to the T-6, Police Station, wherein compromise was made. Now, the fourth respondent has given a complaint before the T-2 Ambattur Estate Police Station against the petitioners. Hence, the petitioners have come forward to file this Criminal Original Petition seeking a direction to the third respondent, not to harass the petitioners based on the complaint given by the fourth respondent.
3. Learned counsel for the petitioner submitted that the Judicial Magistrate, Ambattur by an order dated 23.05.2017 has directed the third respondent police to conduct an enquiry for which the presence of the petitioner is required.
4. On the other hand, Learned Additional Public Prosecutor submitted that no such harassment was made by the respondent police and only based on the complaint given by the fourth respondent, the respondent police is conducting investigation and the petitioner is required to cooperate with the police authorities for the investigation to be conducted.
4. The said submission made by the learned Additional Public Prosecutor is recorded. The petitioners are directed to appear before the T-2 Ambattur Estate Police Station on 03.07.2017 at 10.30 a.m. as directed by the Judicial Magistrate, Ambattur by an order dated 23.05.017 and on such appearance, the Inspector of Police, T-2 Ambattur Estate Police Station, Chennai can conduct necessary investigation but not to harass the petitioners.
5. With the above direction, the present Criminal Original Petition is disposed of.
22.06.2017 Index:Yes/No rm To
1. The Deputy Commissioner of Police Ambattur Range, Ambattur Tiruvallur District.
2. The Assistant Commissioner of Police Ambattur Range, Ambattur, Tiruvallur District.
3. State, rep. By The Inspector of Police, T-2 Ambattur Estate Police Station, Tiruvallur District.
4. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J rm Crl.O.P.No.10455 of 2017 22.06.2017