M.Abdul Kader v. Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.4151 of 2022 M.Abdul Kader ... Petitioner Vs

1. The Commissioner of Police, Tiruppur City, Tiruppur.

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

... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the Second respondent to not to harass this Petitioner.

For Petitioner : Mr.P.Thinesh For Respondents : Mr.V.Meganathan, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the the second respondent not to harass the petitioner.

2. Mr.V.Meganathan, learned Government Advocate (criminal side) would submit that the petitioner is a 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 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.

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

3. The respondents police in order to enquire the petitioner asked him to come to the police station for the purpose of enquiry. Further, he has not turned up for the enquiry. The learned Government Advocate (criminal side) submit that the respondents police are not harassing the petitioner under the guise of enquiry.

4. At this juncture, the learned counsel for the petitioner would submit that the petitioner is not involved in the offence in Crime No.176 of 2022 and the respondents are unnecessarily harassing the petitioner. He would further submit that, in the event, the petitioner is required for enquiry, the respondents shall issue proper summons to the petitioner 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 petitioner/accused.

6. Recording the same, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar shk/sai To

1. The Commissioner of Police, Tiruppur City, Tiruppur.

2. The Inspector of Police, Tiruppur North Police Station, Tiruppur.

3. The Public Prosecutor, Madras High Court, Madras.

Crl.O.P.No.4151 of 2022 PM[co] NSK 16/03/2022 https://hcservices.ecourts.gov.in/hcservices/