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Madras High CourtCRL OP/4375/2020disposed of

Deepak Jain v. The Superintendent Of Police

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:27.02.2020

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.OP.No.4375 of 2020 Deepak Jain .. Petitioner -vs1. The Superintendent of Police, Erode, Erode District.

2. State Rep. By The Inspector of Police, District Crime Branch, Erode District.

.. Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents not to harass the petitioners in the name of petitioner enquiry. For Petitioner : Mr.S.Sarath Chandran For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents not to harass the petitioners in the name of petitioner enquiry.

2. The learned counsel for the petitioner has submitted that based on the complaint given by the defacto complainants viz., Sakthivel, Mohan and Sekar the second respondent is unnecessarily harassing the petitioner.

3.

The learned Additional Public Prosecutor has submitted that since the defacto complainant viz., Sakthivel, Mohan and Sekar 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 second respondent can conduct preliminary enquiry with the complainant and if the said enquiry reveals any cognizable https://hcservices.ecourts.gov.in/hcservices/

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 (CO) //True Copy// Sub Assistant Registrar drl To

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

2. State Rep. By The Inspector of Police, District Crime Branch, Erode District.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.4375 of 2020 AD(CO) GN(02/07/2020) https://hcservices.ecourts.gov.in/hcservices/