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Madras High CourtCRL OP/4205/2020disposed of

S.Pandimurugan v. The Inspector 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.4205 of 2020 S.Pandimurugan ... Petitioner Vs.

1.The State Rep. By The Inspector of Police, S-14, Perungalathur Police Station, Chennai - 600 059.

2.Gopalakrishnan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C, to direct the respondents not to harass the petitioner by appreciating the facts and circumstances of the case. For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 Mr.S.Sairam (R2)

ORDER

This Criminal Original Petition has been filed to direct the respondent not to harass the petitioner by appreciating the facts and circumstances of the case.

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

3.

The learned Additional Public Prosecutor has submitted that since the second respondent viz., Gopalakrishnan, 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 first 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 https://hcservices.ecourts.gov.in/hcservices/

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(CS-VI) //True copy// Sub Assistant Registrar drl To 1.The Inspector of Police, S-14, Perungalathur Police Station, Chennai - 600 059.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Jayaprakash, Advocate SR.No.17248 +1cc to Mr.S.Sairam, Advocate SR.No.17043 Crl.O.P.No.4205 of 2020 VSN II(CO) GMY(09/07/2020) https://hcservices.ecourts.gov.in/hcservices/