A.Vinayagam v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:13.01.2020

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.OP.No.232 of 2020 Mr.A.Vinayagam ... Petitioner -vsState rep by Inspector of Police, H2, Guduvancheri Police Station, Guduvancheri, Chengalpet District.

... Respondent Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent not to harass the petitioner.

For Petitioner : Mr.N.R.Kaushik For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent not to harass the petitioner under the guise of enquiry. 2.

The learned counsel for the petitioner has submitted that based on the complaint given by the defacto complainant viz., S.K.Elangovan, the respondent police is unnecessarily harassing the petitioner.

3. The learned Additional Public Prosecutor has submitted that since the defacto complainant viz., S.K.Elangovan, has lodged a complaint against the petitioner and only for enquiry purpose in the said complaint, he was called and he was not subjected to any harassment.

4. If the complaint discloses any cognizable offence, the respondent has to register a case. In case, the said complaint does not disclose any cognizable offence, the respondent can conduct prelimanary enquiry with the complainant and if the said enquiry reveals any cognizable offence, he can https://hcservices.ecourts.gov.in/hcservices/

register a case and proceed further in accordance with law. Instead of that he should not unnecessarily harass the petitioner.

5. With the aforesaid directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar Vv To 1.Inspector of Police, H2, Guduvancheri Police Station, Guduvancheri, Chengalpet District.

2. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.232 of 2020 srg 18/02/2020 https://hcservices.ecourts.gov.in/hcservices/