Asvinkumar vs. The Inspector Of Police

CRL OP(MD)/4427/2019HC MadrasGSTCNR HCMD01009781201925 March 2019Bench: HONOURABLE MR JUSTICE N. SESHASAYEE2 pages
AI SummaryRemanded

Facts

The petitioner, Asvinkumar, filed a criminal original petition seeking protection from harassment by the first respondent, the Inspector of Police, Annanagar Police Station (Crime), Madurai. The harassment was allegedly based on a complaint by the second respondent, R. Solaimurugan. The petitioner, an employee of a restaurant, was accused by the former manager (second respondent) of misappropriating GST amounts. The police stated that the petitioner allegedly fabricated documents to siphon off Rs. 4.5 lakhs in GST and an enquiry was underway in C.S.R.No.68 of 2019. The police denied harassing the petitioner.

Held

The Court directed the respondent police to follow the principles laid down in the judgment reported in 2013 (6) CTC 353 [Lalitha Kumari Vs. Government of Uttar Pradesh] if the complaint prima facie disclosed a cognizable offence. If a preliminary enquiry or interrogation was deemed necessary, it should only be conducted after issuing a summons under Section 41A of the Criminal Procedure Code, specifying the date and time for the enquiry and providing reasonable travel time. The petitioner was directed to cooperate with the enquiry, and the Court stipulated that there should be no harassment to the petitioner during the enquiry. The Court recorded the submission of the Additional Public Prosecutor that the police had neither harassed nor intended to harass the petitioner.

Key Issues

1. Whether the first respondent (police) should be directed not to harass the petitioner in the guise of an enquiry based on the complaint of the second respondent, and if so, to what extent? The petitioner argued for protection from harassment by the police during the enquiry. The revenue (represented by the Additional Public Prosecutor) contended that the petitioner was alleged to have committed a cognizable offence involving fabrication of documents to siphon GST, and the police were conducting an enquiry without harassing the petitioner. The police stated they had neither harassed nor intended to harass the petitioner.

Sections Cited

Section 41A

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2019 CORAM : THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.4427 of 2019 Asvinkumar ... Petitioner /Vs./ 1.State represented by The Inspector of Police, Annanagar Police Station (Crime), Madurai. 2.R.Solaimurugan ... Respondents Prayer: Petition - filed under Section 482 of the Criminal Procedure Code, to direct the 1st respondent not to harass the petitioner in the guise of an enquiry on the basis of the complaint given by the 2nd respondent. For Petitioner : Mr.K.Neethimohan For R-1 : Mr.V.Neelkandan Additional Public Prosecutor

ORDER The petitioner seeks protection from the harassment of the first respondent presumably on the basis of the complaint given by the second respondent.

2.

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor.

3.

The learned counsel appearing for the petitioner submitted that the second respondent was a former Manager of a certain Restaurant in the city and the petitioner is also working there. The petitioner has been accused of misappropriating the amount handed over to him for paying GST.

4.

The learned Additional Public Pro

The judgment continues below.

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