Thangavel v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 02.06.2021

CORAM

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W.P.No.9398 of 2021 Thangavel ..Petitioner vs.

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

2.Mr.Balamurugan, The Inspector of Police, Taluk Police Station, Erode.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the 2nd respondent, Mr.Balamurugan, the Inspector of Police, Taluk Police Station, Erode, not to harass the petitioner.

For Petitioner : Mr.E.P.Senniyangiri For Respondents: Mr.A.Damodaran Government Advocate (Crl. Side)

O R D E R

It is submitted by the learned Government Advocate that four complaints have been received against the petitioner.

2. In such view of the matter, a direction not to arrest the petitioner cannot be granted. The term harassment is a subjunctive one. If the police finds prima facie case and cognizable offences, they are free to register FIR and proceed as per law and if no case is made out, the petitioner shall not be called by the police repeatedly.

3. However, this order will not be a shield as against the arrest for any cognizable offences. The Writ Petition, is ordered accordingly. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ssk/hvk.

https://hcservices.ecourts.gov.in/hcservices/

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

2.The Public Prosecutor, High Court, Madras.

W.P.No.9398 of 2021 PCH(CO) B.VC (03/08/2021) https://hcservices.ecourts.gov.in/hcservices/