Prabhu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Prabhu S/o.Selvam 2.Nicholas Joseph Kitto 3.Rajendar K 4.C.S.Krishnadas S/o.P.Sridharan ... Petitioners Vs.

State represented by Inspector of Police, Cyber Crime Wing, Avadi Police Commissionerate, Avadi, Chennai - 600 053.

... Respondent Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the respondent not to harass the petitioners.

For Petitioners : Mr.K.Suresh Babu For Respondent : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

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This petition has been filed seeking for a direction to the respondent not to harass the petitioners.

2. Heard Mr.K.Suresh Babu, learned counsel for petitioners and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondent.

3. Learned Additional Public Prosecutor submitted that the petitioners are required for enquiry in Crime No.82 of 2023. Notice u/s.41-A Cr.P.C. was also issued to the petitioners and in spite of the same, they did not attend the enquiry and they have filed the present petition.

4. In the considered view of this Court, if the petitioners have been called for enquiry after issuance of notice u/s.41-A Cr.P.C., there is no question of entertaining a petition seeking for a direction to the police not to harass. If the petitioners are aggrieved by the notice issued to them, they have to challenge the same in accordance with law. This Criminal Original Petition is disposed of in the above terms. 2/4

31.01.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To 1.The Inspector of Police, Cyber Crime Wing, Avadi Police Commissionerate, Avadi, Chennai - 600 053.

2.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J.

gm 3/4

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