Manoharan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.06.2022 C O R A M THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl. O.P. No.1238 of 2022 1.A.Manoharan 2.M.Uma 3.M.Sanmuga Sundharam

...Petitioners

Vs

1. State rep by, The Superintendent of Police, Office of the Superintendent of Police, Chengalpattu, Chengalpattu District.

2. The Inspector of Police, Melmaruvathur Police Station, Villupuram District.

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the second respondent police not to harass the petitioners on the basis of the complaint lodged by the defacto complainant namely Mariya Chinnappan on the Civil dispute. For Petitioners : Mr.V.R.Appaswamee For Respondents : Mr.N.Muthuvel, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the second respondent not to harass the petitioners.

2. Heard learned counsel appearing for the petitioners and the learned Government Advocate (crl.side) for the respondents police.

3. The term harassment is so subjective which cannot be encapsulated in objective criterion. The petitioner having given a complaint is bound to cooperate with the Police for https://hcservices.ecourts.gov.in/hcservices/

enquiry.

Admittedly, the enquiry is pending. Without cooperating with the Police, they cannot seek such a blanket direction.

4. In such a view of the matter, the prayer sought for by the petitioner is rejected. Accordingly, this Criminal Original Petition is closed. The Police shall issue notice, within two weeks, from today, for causing the appearance of the petitioner, for enquiry and after enquiring the petitioner, the Police may either register a complaint, if any cognizable offence is made out or close the complaint. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar shk/mvs To

1. The Superintendent of Police, Office of the Superintendent of Police, Chengalpattu, Chengalpattu District.

2. The Inspector of Police, Melmaruvathur Police Station, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.R.Appaswamee, Advocate, S.R.No.37759 Crl. O.P. No. 1238 of 2022 PL[co] NSK/29/06/2022 https://hcservices.ecourts.gov.in/hcservices/