Joseph Arokiyaraj v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:25.02.2020

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.OP.No.3536 of 2020 Joseph Arokiyaraj .. Petitioner -vs1. The State Rep. by The Superintendent of Police, Krishnagiri, Krishnagiri District.

2. The Inspector of Police, Hosur Town Police Station, Krishnagiri District.

.. Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent police not to harass the petitioner by way of receiving false complaint from the Commissioner of Hosur Municipality, Hosur, Krishnagiri District in a civil matter.

For Petitioner : Mr.E.Kannadasan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent police not to harass the petitioner by way of receiving false complaint from the Commissioner of Hosur Municipality, Hosur, Krishnagiri District in a civil matter. 2.

The learned counsel for the petitioner has submitted that based on the false complaint lodged by one Balasubramanian, the second respondent police is unnecessarily harassing the petitioner.

3.

The learned Additional Public Prosecutor has submitted that the petitioner has lodged a complaint on 05.03.2019 and only for enquiry purpose in the said complaint, he was called and he was not subjected to any harassment. https://hcservices.ecourts.gov.in/hcservices/

4. If any complaint is received against the petitioner and if the said complaint discloses any cognizable offence, the second respondent has to register a case. In case, the said complaint does not disclose any cognizable offence, the second respondent can conduct 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/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ebsi To

1. The Superintendent of Police, Krishnagiri, Krishnagiri District.

2. The Inspector of Police, Hosur Town Police Station, Krishnagiri District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.Kannadasan, Advocate SR.16283 CRL.O.P.No.3536 of 2020 JP(CO) CB(27/05/2020) https://hcservices.ecourts.gov.in/hcservices/