Madras High CourtCRL OP/1131/2020disposed of

Syed Mohammed Nihal v. The Superintendent Of Police,

2020-01-22Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:22.01.2020

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.OP.No.1131 of 2020 Syed Mohammed Nihal .. Petitioner -vs1. The Superintendent of Police, O/o. The Superintendent of Police, Nilgiris District.

2. The Inspector of Police, Cunnor Police Station, Nilgiris District.

3. Mrs. Sumaya .. Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent not to harass the petitioner in the guise of enquiry by considering the petitioner's representation dated 07.01.2020. For Petitioner : M/s. S.M.A.Jinnah For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the second respondent not to harass the petitioner in the guise of enquiry by considering the petitioner's representation dated 07.01.2020. 2.

The learned counsel for the petitioner has submitted that based on the complaint given by the third respondent (Mrs.Sumaya), the second respondent police is unnecessarily harassing the petitioner.

3. The learned Additional Public Prosecutor has submitted that since the third respondent (Mrs.Sumaya) 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.

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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 prelimanary 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 petitioner.

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

Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar ebsi To

1. The Superintendent of Police, O/o. The Superintendent of Police, Nilgiris District.

2. The Inspector of Police, Cunnor Police Station, Nilgiris District.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.1131 of 2020 RSV(CO) CSR: 20.02.2020 https://hcservices.ecourts.gov.in/hcservices/