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Madras High CourtCRL OP/1014/2020disposed of

S.Gopalakrishnan v. State Rep. By

2020-01-21Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2020

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.OP.No.1014 of 2020 1.S.Gopalakrishnan 2.S.Annammal .. Petitioners/defacto Complainant -vs1.State rep. by The Assistant Commissioner of Police, Kilpauk, Chennai.

2.State rep. by The Inspector of Police, Kilpauk Police Station, Chennai.

.. Respondents/Complainant Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent police not to harass the petitioners on the complaint given by one Prema. For Petitioners : Mr.R.Sasikumar For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the second respondent police not to harass the petitioners on the complaint given by one Prema.

2.

The learned counsel for the petitioners has submitted that based on the complaint given by the defacto complainants viz., Prema, the second respondent is unnecessarily harassing the petitioner.

3. The learned Additional Public Prosecutor has submitted that since the defacto complainants viz., Prema has lodged a complaint against the petitioners and only for enquiry purpose 1/2 https://hcservices.ecourts.gov.in/hcservices/

in the said complaint, they were called and they were not subjected to any harassment.

4. If the complaint discloses any cognizable offence, the second respondent has to register a case. In case, the said complaint does not disclose any cognizable offence, the second respondent can conduct preliminary enquiry with the complainant and if the said enquiry reveals any cognizable offence, he can register a case and proceed further in accordance with law. Instead of that he should not unnecessarily harass the petitioners.

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

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vv To 1.The Assistant Commissioner of Police, Kilpauk, Chennai.

2.The Inspector of Police, Kilpauk Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.R.Susilkumar Advocate sr3857 CRL.O.P.No.1014 of 2020 aa20/02/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/