Petitioners sought protection from alleged police harassment during investigation of Crime No.158/2024 involving crime proceeds. Court disposed the petition directing police to issue summons for lawful enquiry and conduct investigation per established law.
Petition disposed; police directed to issue summons as needed and investigate lawfully.
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Crl.O.P.No.25283 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.25283 of 2024
1. T.Muthusamy. 2. M.Bagavathi. ... Petitioners/Accused /versus/ State By, Inspector of Police, R-5, Virugambakkam Police Station, Chennai. ... Respondent/Complainant.
Prayer: Criminal Original Petition is filed under Section 528 of BNSS, pleased to direct the respondent police not to harass the petitioner and his wife in Crime No.158/2024 on the file of the respondent police, R-5 Virugambakkam Police Station.
For Petitioners : Mr.V.R.Chamuraj, for Mr.K.Pasupathy For Respondent : Mr.K.M.D.Muhilan, Government Advocate (Crl.Side)
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O R D E R
Crl.O.P.No.25283 of 2024
The 1 st petitioner herein is the brother of one Arjunan who is suspect in Crime No.158 of 2024, for offences under Section 406, 420 and 120B of I.P.C. Since the said Arjunan has stated before the Police that portion of the crime proceeds been given to this petitioner, who is none other than the brother of the Arjunan who is the suspect in Crime No.156/2024. The police has summoned the petitioners for enquiry.
2 . The Learned Counsel for the petitioners states that 1 st petitioner
purchased his ancestral property in the name of his wife from one Aandi Pandaram to whom his brother Arjunan sold and the petitioners are no way connected with the crime under investigation.
3 . The Learned Government Advocate (Crl.Side) appearing for the
respondent states that the petitioners appeared for enquiry once and thereafter,
he has not turned up for further enquiry. If the petitioners appear for enquiry on receipt of the summons, the Investigating Officer will enquire and rule out
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Crl.O.P.No.25283 of 2024
whether the petitioners have received any proceeds of crime or not. Apart from calling him for enquiry, the petitioners was not harassed in any manner.
4 . Considering the facts of the case, this Criminal Original Petition is disposed of, directing the respondent police to issue summons to the petitioners if they want to enquire him in connection with the above said crime and conduct investigation in the manner established under law.
22.10.2024 Index : Yes/No. Neutral Citation : Yes/No. bsm To:- 1. The Inspector of Police, R-5, Virugambakkam Police Station, Chennai. 2. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.25283 of 2024
Dr.G.JAYACHANDRAN, J
bsm
Crl.O.P.No.25283 of 2024
22.10.2024
1 issue framed by the court
Whether the petitioners could be directed to be free from police harassment in connection with Crime No.158/2024 enquiry.
4 provisions across 2 enactments
T.Muthusamy
M.Bagavathi
State By, Inspector of Police, R-5, Virugambakkam Police Station, Chennai
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
