C.Viswanathan v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.16181 of 2015 1.C.Viswanathan 2.Asali Ammal

...Petitioners

Vs State of Tamil Nadu rep. by The Inspector of Police, CCB, EFT-II, Team-III, Vepery, Chennai-600 007.

...Respondent

Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondent not to harass the petitioners, pending investigation in Crime No.431 of 2011 and Crime No.62 of 2014.

For Petitioners :

Mr.D.Stephen For Respondent :

Mr.C.Emalias Additional Public Prosecutor

ORDER

Seeking a direction to the respondent not to harass the petitioners, pending investigation in Crime No.431 of 2011 and Crime No.62 of 2014, the petitioner has come up with this petition. 2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent and perused the material placed on record.

3.This petition has been filed by A1 and A2, who are the accused in Crime No.431 of 2011 and Crime No.62 of 2014. With regard to the investigation in Crime No.431 of 2011 and Crime No.62 of 2014, this Court is already seized of the matter in CrlOP Nos.11466 and 14467 of 2013, which has been filed by the defacto complainant. This Court has been passing several orders in CrlOP Nos.11466 and 14467 of 2013.

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4.Today, when this matter was taken up for hearing, along with CrlOP Nos.11466 and 14467 of 2013, the respondent police have filed a status report in CrlOP Nos.11466 and 14467 of 2013, wherein they have stated that they need the finger prints, thumb impression, specimen signature and specimen handwriting of A1 and A2 and when they were called for that purpose, they have rushed to this Court with this petition praying that they should not be harassed.

5.Mr.Stephen, learned counsel for A1 and A2 submitted that A1 and A2 are always ready to give their finger prints, thumb impression and specimen signature to the Police. 6.The learned Additional Public Prosecutor submitted that the police are moving an application under Section 311A CrPC before the learned Magistrate for necessary directions to the accused to give their measurements.

7.Under such circumstances, the accused are directed to appear before the learned Magistrate as and when they are called upon and comply with the directions given by the learned Magistrate.

With the above directions, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar mps To 1.The Inspector of Police, CCB, EFT-II, Team-III, Vepery, Chennai-600 007.

2.The Public Prosecutor, High Court, Chennai.

1 CC to Mr.D.Stephen, Advocate SR.No. 32697 Crl.OP.No.16181 of 2015 KJI (CO) PSI (09.07.2015) https://hcservices.ecourts.gov.in/hcservices/