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2024 Supreme(Online)(MAD) 43161

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2024 CORAM THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.(MD)No.22034 of 2024 K.Rajaram : Petitioner Vs.

1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, CCB, Madurai District.

3.Thirumurugan : Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the first respondent to instruct the second respondent not to harass the petitioner in the name of enquiry. For Petitioner : Mr.K.S.Duraipandian For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

The petitioner submits that he is residing with his family in No.55, R.C.Street, Thandalkaranpatti, Palanganatham, Madurai District, for more than 15 years. The petitioner requested his friend, namely, Muruganantham to arrange some money for his real estate business, who had approached one Thirumurugan, third respondent, who is working in School, and received money from him on the undertaking that he would pay the interest. This money has been received in the year 2020. The petitioner had invested Rs.12,00,000/-, which was collecting from Thirumurugan, in his real estate business. The petitioner has been paying monthly interest of Rs.36,000/- without default. Since the petitioner is a Ward Secretary of All India Anna Dravida Munnetra Kazhagam and the petitioner was active in his political activities, his business got struck and he was unable to pay interest amount. Thereafter, the third respondent had lodged a complaint, based on which, the second respondent police are threatening the petitioner, since he belongs to opposition party, harassing the petitioner and forcing him to settle the amount of Rs.12 Lakhs with an interest of Rs.2,45,000/-, totally Rs.14,45,000/- to the third respondent immediately. The petitioner was also asked to bring Rs.20/- stamp paper undertaking that he had received Rs.2,50,000/- from one Ranjith, Rs. 2,50,000/- from Subash, Rs.2,00,000 from Raja, Rs.2,60,000/- from Muthukaamu, Rs.2,35,000/- from Tamil and Rs.2,50,000/- from Dineshkumarjathi and thereafter, projected a job rocketing case against the petitioner. The petitioner has only received money from the third respondent for his business purpose and he has been paying interest and now, facing some difficult in the business. Further, submitted that similar complaint was lodged before the Assistant Commissioner of Police, Thirumangalam, in the year 2023 as if the petitioner has to pay Rs.30,00,000/- to one Maruthu. Finding that it is a false complaint, Thiruparankundram Police has closed the case, but suppressing the same, in the name of the third respondent, the present complaint has been filed.

2. The learned Additional Public Prosecutor appearing for the respondent police, on instructions, would submit that on the complaint of the third respondent, notice was sent to the petitioner, but found that the petitioner was not available in the address. Thereafter, he was contacted. He admitted to settle the amount and appear before the respondent police on 12.12.2024, but he failed to do so. The petitioner is now involved in job rocketing cheating several persons to the tune of Rs.26,00,000/- as on date. Only after enquiry and registration of the case, the real amount and number of persons, who have been cheated, would come to light. Hence, the petitioner is required to appear for enquiry. It cannot be now termed as harassment.

3. The learned counsel for the petitioner submitted that the petitioner would appear before the respondent police on 23.12.2024 along with all the documents in support of his contention.

4. In view of the specific complaint against the petitioner that he has received money from several persons on the promise of getting Government Job, later failed to do and hence, for the purpose of enquiry, the petitioner was called, which cannot be termed as harassment. Since it is the job rocketing case, the respondent police to take appropriate action, in the event of the petitioner not co-operating for enquiry.

5. With the above direction, this Criminal Original Petition is disposed of. 17.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No Rmk Note : Issue order copy on 20.12.2024 To

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

M.NIRMAL KUMAR,J.

Rmk

17.12.2024

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