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Madras High CourtCRL OP/2120/2022closed

Mr.Mohamed Ali v. The Inspector Of Police

2022-06-17Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.2120 OF 2022

1. Mohamad Ali

2. Mohamad Faruq ... Petitioners Vs

1. The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri Taluk & District.

2. The Superintendent of Police, Krishnagiri Taluk & District.

3. P.Saravanan

4. Mohamad Fiazaan (R3 & R4 suo motu impleaded as per order in Crl.O.P.Nos.2120 & 2153 of 2022 dated 03.02.2022) ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the respondent police not to harass the petitioner under the guise of conducting enquiry. For Petitioner :

Mr.T.Arockia Dass For Respondents :

Mr.N.Muthuvel for R1 & R2, Government Advocate (crl.side) Mr.B.Jawahar for R3 & R4.

O R D E R

This Criminal Original Petition has been filed to direct the respondent police not to harass the petitioner under the guise of conducting enquiry.

https://hcservices.ecourts.gov.in/hcservices/

2. Heard learned counsel appearing for the petitioner and the learned counsels appearing for the respondents.

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 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(CS-VIII) //True Copy// Sub Assistant Registrar shk/mvs To 1.

The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri Taluk & District.

2.

The Superintendent of Police, Krishnagiri Taluk & District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.2120 of 2022 KV(CO) RLP(29/06/2022) https://hcservices.ecourts.gov.in/hcservices/