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Madras High CourtCRL OP/2332/2020disposed of

V.Kandasamy v. State Rep.By

2020-02-07Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2020

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.OP.No.2332 of 2020 V.Kandasamy ... Petitioner -vsState: rep. by The Inspector of Police, T-12, Poonamallee Police Station, Thiruvallur District.

... Respondent Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent police to not to harass the petitioner.

For Petitioner : Mr.C.Deivasigamani For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondent police to not to harass the petitioner.

2. The learned counsel for the petitioner has submitted that based on the complaint given by the defacto complainant namely P.S.Chezhian, the respondent is unnecessarily harassing the petitioner.

3. The learned Additional Public Prosecutor has submitted that since the said P.S.Chezhian 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 said complaint discloses any cognizable offence, the respondent can register a case or if the said complaint does not disclose any cognizable offence, the respondent has to conduct a 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 petitioner.

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

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar ebsi/ah To 1.The Inspector of Police, T-12, Poonamallee Police Station, Thiruvallur District.

2.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.C.Deivasigamani Advocate sr9878 CRL.O.P.No.2332 of 2020 svi(co) aa13/05/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/