Madras High CourtCRL OP/2419/2020disposed of

P.Rajkumar v. State By Inspector Of Police

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.2419 of 2020 P.Rajkumar ... Petitioner -vsState by Inspector of Police, Annathanapatti Police Station, Annathanapatti, Salem District.

... Respondent Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to issue directions directing the respondent police from harassing the petitioner under the guise of enquiry.

For Petitioner : Mr.V.V.Sairam For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

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

2.The learned counsel for the petitioner has submitted that based on the complaint given by one Mohanraj, the respondent is unnecessarily harassing the petitioner. 3.The learned Additional Public Prosecutor has submitted that since the said Mohanraj 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.

4. If any complaint is received against the petitioner and the same discloses any cognizable offence, the respondent has to register a case. If the said complaint does not disclose any cognizable offence, the respondent can conduct a preliminary enquiry only with the complainant and if the said enquiry reveals commission of any cognizable offence, he has to register a case and proceed further in accordance with law. https://hcservices.ecourts.gov.in/hcservices/

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-VIII) //True copy// Sub Assistant Registrar ebsi/ah To 1.The Inspector of Police, Annathanapatti Police Station, Annathanapatti, Salem District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.V.Sairam, Advocate SR.No.9940 CRL.O.P.No.2419 of 2020 SS(CO) GMY(20/03/2020) https://hcservices.ecourts.gov.in/hcservices/