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Madras High CourtCRL OP/21949/2017closed

R.Senthilmurugan (M/36) v. The Director General Of Police

2017-10-13Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Criminal Original Petition No.21949 of 2017 R.Senthilmurugan ... Petitioner Vs.

1.The Director General of Police, Kamarajar Salai, Chennai.

2.The Commissioner of Police, Chennai City, Chennai.

3.The Deputy Commissioner of Police, Anna Nagar, Chennai.

4.The Inspector of Police, K8-Arumbakkam Police Station, Chennai.

... Respondents Prayer:-Criminal Original Petition filed under Section 482 of Cr.P.C., praying for a direction to the 1st and 4th respondent police not to harass the petitioners in the guise of the enquiry. For petitioner :Mr.M.Thiyagarajan For Respondents :Mr.R.Govindarajan Additional Public Prosecutor.

ORDER

It is the grievance of the petitioner that the respondent police has been harassing him under the guise of the enquiry/investigation and hence, he has invoked the inherent powers of this Court under Section 482 of Cr.P.C. 2.Though this Court has already taken a view that the respondent will not be justified in harassing the accused under the guise of enquiry/investigation and has been granting orders refraining from harassment, the learned Additional Public Prosecutor submitted that in the instant case, the petitioner, https://hcservices.ecourts.gov.in/hcservices/

though has been repeatedly summoned to appear for the investigation, has not been co-operating. In the circumstances, the respondent police have also initiated steps to obtain sanction of the concerned Judicial Magistrate under Section 171 of Cr.P.C. In this background, the present petition has been filed.

3.The learned Additional Public Prosecutor also submitted that in case the petitioner appears before the respondent police, they will undertake not to harass. While that being so, there could not be any impediment on the part of the petitioner to appear before the police.

4.Recording the submissions of the learned Additional Public Prosecutor, the Criminal Original Petition is closed. /sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar rm To 1.The Director General of Police, Kamarajar Salai, Chennai.

2.The Commissioner of Police, Chennai City, Chennai.

3.The Deputy Commissioner of Police, Anna Nagar, Chennai.

4.The Inspector of Police, K8-Arumbakkam Police Station, Chennai.

5.The Public Prosecutor, High Court, Madras.

+1 +1 CC to Mr. M. Thiyagarajan , Advocate Sr.No. 73990 CRL.O.P.NO.21949 OF 2017 MD: 27/10/2017 https://hcservices.ecourts.gov.in/hcservices/