M.Mohammed Ismail v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.6838 OF 2022 M.Mohammed Ismail ... Petitioner Vs The State rep. By The Inspector of Police, Sooramangalam Police Station, Sooramangalam, Salem.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the respondent or his men or agents not to harass this petitioner without following the due process of law. For Petitioner :

Mr.P.Srinivas For Respondents :

Mr.N.Muthuvel, Government Advocate (crl.side)

O R D E R

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

2. Heard learned counsel appearing for the petitioner and the learned Government Advocate (crl.side) for the respondent police.

3. The term harassment is so subjective which cannot be encapsulated in objective criterion. The petitioner having given a complaint is bound to cooperate with the Police for enquiry.

Admittedly, the enquiry is pending. Without cooperating with the Police, they cannot seek such a blanket direction.

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4. In such a view of the matter, the prayer sought for by the petitioner is rejected. Accordingly, this Criminal Original Petition is closed. The Police shall issue notice, within two weeks, from today, for causing the appearance of the petitioner, for enquiry and after enquiring the petitioner, the Police may either register a complaint, if any cognizable offence is made out or close the complaint. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar shk/mvs To 1.

The Inspector of Police, Sooramangalam Police Station, Sooramangalam, Salem.

2. The Public Prosecutor, High Court, Madras.

+1cc to M/s.P.Srinivas, Advocate, S.R.No.37523 Crl.O.P.No.6838 of 2022 NRL(CO) RLP(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/