Madras High CourtCRL OP/4211/2020disposed of

S.Balachandar v. The Commissioner Of Police

2020-02-27Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2020

CORAM:

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM Crl.OP.No.4211 of 2020 S.Balachander ... Petitioner Vs.

1.The Commissioner of Police, Police Commissioner Office, Vepery, Chennai - 600 007.

2.The Inspector of Police, J6, Thiruvanmiyur Police Station, Chennai - 600 041. ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C, to direct the second respondent not to harass the petitioner based upon the complaint given by the erstwhile tenant for money quarrel between them.

For Petitioner : Mr.A.D.Janarthanan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the second respondent not to harass the petitioner based upon the complaint given by the defacto complainant.

2. The learned counsel for the petitioner has submitted that based on the complaint given by the defacto complainant viz., Mala, the second respondent is unnecessarily harassing the petitioner.

3. The learned Additional Public Prosecutor has submitted that since the defacto complainant viz., Mala, 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.

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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 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 //True Copy// Sub Assistant Registrar drl To 1.The Commissioner of Police, Police Commissioner Office, Vepery, Chennai - 600 007.

2.The Inspector of Police, J6, Thiruvanmiyur Police Station, Chennai - 600 041.

3. The Public Prosecutor, High Court, Madras.

+1 cc to M/s.A.D.Janarthanan, Advocate Sr.No. 17249 Crl.O.P.No.4211 of 2020 VSNII(CO) RMP(16/07/2020) https://hcservices.ecourts.gov.in/hcservices/