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Madras High CourtCRL OP/4152/2022disposed of

M.Shahul Hameed v. Commissioner Of Police

2022-02-22Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.Nos.4152 & 4155 of 2022 1.M.Shahul Hameed, S/o.Mohammed Ali

...Petitioner in Crl.O.P.No.4152 of 2022

2.A.Nagaraj, S/o.Arumugam

...Petitioner in Crl.O.P.No.4155 of 2022

Vs 1.The Commissioner of Police, Tiruppur city, Tiruppur.

2.The State represented by The Inspector of Police, Tiruppur North Police Station, Tiruppur.

...Respondents in both Crl.O.Ps

Common Prayer: These Criminal Original Petitions filed under Section 482 of Cr.P.C., to direct the second respondent to not to harass the petitioners.

For Petitioners in both Crl.O.Ps : Mr.P.Thinesh For Respondents in both Crl.O.Ps : Mr.V.Meganathan Government Advocate (criminal side) COMMON ORDER These Criminal Original Petitions have been filed seeking for a direction to the the second respondent not to harass the petitioners.

2. Mr.V.Meganathan, learned Government Advocate (criminal side) would submit that the petitioners are accused in SC.No.92 of 2021 pending on the file of the learned Principal Sessions Judge, Tiruppur. He would further submit that the co-accused https://hcservices.ecourts.gov.in/hcservices/

one Sait Rubaidin in Crime No.04 of 2020 was arrested by the second respondent police in Crime No.176 of 2022 for the offence under Section 392 read with Sections 397, 506(ii) of IPC and the said Sait Rubaidin was remanded to the Judicial Custody on 11.02.2022.

3. The respondents police in order to enquire the petitioners asked them to come to the police station for the purpose of enquiry. Further, they have not turned up for the enquiry. The learned Government Advocate (criminal side) submit that the respondents police are not harassing the petitioners and their family members in the guise of enquiry.

4. At this juncture, the learned counsel for the petitioners would submit that the petitioners are not involved in the offence in Crime No.176 of 2022 and the respondents are unnecessarily harassing the petitioners. He would further submit that, in the event, the petitioners are required for enquiry, the respondents shall issue proper summons to the petitioners and enquire them in accordance with law.

5. The learned Government Advocate (criminal side) would submit that the respondents will issue proper summons for the appearance of the petitioners/accused.

6. Recording the same, these Criminal Original Petitions are disposed of.

Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar shk/arb To 1.The Commissioner of Police, Tiruppur city, Tiruppur. 2.The Inspector of Police, Tiruppur North Police Station, Tiruppur.

3.The Public Prosecutor, High Court of Madras. Crl.O.P.Nos.4152 & 4155 of 2022 GPL (CO) PR (15/03/2022) https://hcservices.ecourts.gov.in/hcservices/