Madras High CourtCRL OP/8400/2022closed

M.Kanaga v. The State

2022-06-17Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 17.06.2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P. No.8400 of 2022 and Crl.M.P.No.4899 of 2022 1.M.Kanaga 2.Karthik ... Petitioners Vs

1. The State Rep. By Inspector of Police, Economic Offences Wing -II, Namakkal (Crime No.1 of 2019)

2. The State Rep. By Deputy Superintendent of Police, Economic Offenses Wing -II, Deputy Superintendent of Police Office, Namakkal.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the respondent police not to harass the petitioners with respect to Crime No.1 of 2019 on the file of Inspector of Police, Economic Offenses Wing -II, Namakkal. For Petitioners :

Mr.P.Jesus Moris Ravi 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 police not to harass the petitioners with respect to Crime No.1 of 2019 on the file of first respondent.

2. Heard learned counsel appearing for the petitioners and learned Government Advocate (crl.side) appearing for the respondents.

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

3. The term harassment is so subjective which cannot be encapsulated in objective criterion. The petitioners 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.

4. In such a view of the matter, the prayer sought for by the petitioners 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 petitioners, for enquiry and after enquiring the petitioners, the Police may either register a complaint, if any cognizable offence is made out or close the complaint. Consequently, connected Criminal Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar shk/mvs To

1. The Inspector of Police, Economic Offences Wing -II, Namakkal (Crime No.1 of 2019)

2. The Deputy Superintendent of Police, Economic Offenses Wing -II, Deputy Superintendent of Police Office, Namakkal.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P. No.8400 of 2022 and Crl.M.P.No.4899 of 2022 AD(CO) UMA(27/06/2022) https://hcservices.ecourts.gov.in/hcservices/