V.Ramesh v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2020

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.OP.No.2587 of 2020

1. V.Ramesh

2. V.Thyagarajan ... Petitioners 1 & 2 -vs1. The Superintendent of Police, Chengalpattu District, at present having office at Kanchipuram.

2. The Deputy Superintendent of Police, Madhuranthagam Branch, Chengalpattu District.

3. The Inspector of Police, Cheyyur Police Station, Cheyyur, Chengalpattu District.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the third respondent police not to harass the petitioner and his family members under the guise of enquiry.

For Petitioners : Mr.C.D.Johnson For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the third respondent police not to harass the petitioners and his family members under the guise of enquiry.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondents.

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3.The learned counsel for the petitioners has submitted that based on the complaint given by Dasarathan, the third respondent is unnecessarily harassing the petitioner. 4.The learned Additional Public Prosecutor has submitted that since the said Dasarathan, has lodged a complaint against the petitioners and only for enquiry purpose in the said complaint, he was called and he was not subjected to any harassment.

5. If any complaint is received against the petitioners and the same discloses any cognizable offence, the third respondent has to register a case. If the said complaint does not disclose any cognizable offence, the third 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. Instead of that he should not unnecessarily harass the petitioner.

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

-s/d- Assistant Registrar True copy Sub-Assistant Registrar ebsi To

1. The Superintendent of Police, Chengalpattu District, at present having office at Kanchipuram.

2. The Deputy Superintendent of Police, Madhuranthagam Branch, Chengalpattu District.

3. The Inspector of Police, Cheyyur Police Station, Cheyyur, Chengalpattu District.

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4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.C.D.Johnson Advocate sr12474 CRL.O.P.No.2587 of 2020 svl(co) aa14/05/2020 3/3