Madras High CourtCRL OP/3942/2020disposed of

M.S.Habeeb Mohammed v. State Rep By

2020-02-24Honourable Mr Justice P. Rajamanickam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2020

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.OP.No.3942 of 2020 M.S.Habeed Mohammed .. Petitioner -vs1. State rep by The Inspector of Police, All Women Police Station, Vadapalani, Chennai- 600 028.

2.Kalaiselvi .. Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the first respondent police not to harass the petitioner on the basis of the false complaint given by the second respondent.

For Petitioner : Ms.P.S.Mercy Gnanammal for M/s.Manivasagam Associates For Respondent : Mr.M.Mohamed Riya Additional Public Prosecutor for R1

ORDER

This Criminal Original Petition has been filed to direct the respondent police not to harass the petitioner. 2.

The learned counsel for the petitioner has submitted that based on the complaint given by Tmt.Kalaiselvi/second respondent, the first respondent is unnecessarily harassing the petitioner.

3. The learned Additional Public Prosecutor has submitted that since Tmt.Kalaiselvi/second respondent 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 the 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 first 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 she should not unnecessarily harass the petitioner.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar VV To

1. The Inspector of Police, All Women Police Station, Vadapalani, Chennai- 600 028.

2. The Public Prosecutor, High Court, Madras.

+1cc to M/s M.Manivasagam Associates, S.R.No.16187 CRL.O.P.No.3942 of 2020 CO/SPD adl/27.05.2020

P.RAJAMANICKAM.J., Vv CRL.O.P.No.3942 of 2020 24.02.2020