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Madras High CourtWP/10513/2021disposed of

J.P.Kumar v. The Commissioner Of Police

2021-04-28Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2021

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.10513 of 2021 J.P.Kumar ... Petitioner

Versus

1.The Commissioner of Police, Salem City, Salem.

2.State by Inspector of Police, Salem Town Police Station, Salem City.

3.R.Kumaresan 4.P.Kamala 5.P.Malarvizhi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ or direction or order particularly in the nature of Writ of Mandamus directing the 2nd respondent not to harass the petitioner.

For Petitioner : Mr.B.Kumarasamy For R1 & R2 : Mr.C.Raghavan, Government Advocate (Crl. Side)

ORDER

This Writ Petition has been filed to direct the 2nd respondent not to harass the petitioner.

2.The learned counsel for the petitioner has submitted that based on the complaint given by the 3rd respondent, the 2nd respondent is unnecessarily harassing the petitioner. 3.The learned Government Advocate (Crl. Side) submitted that since the 3rd respondent has lodged a complaint against the petitioner and only for enquiry purpose in the said complaint, he was called and he was not subject to any harassment. 4.If the complaint discloses any cognizable offence, the 2 nd respondent has to register a case. In case, the said complaint does not disclose any cognizable offence, the 2nd respondent can conduct preliminary enquiry with the complainant https://hcservices.ecourts.gov.in/hcservices/

and if the said enquiry reveals any cognizable offence, he can register a case and proceed further in accordance with law. Instead of that he should not unnecessarily harass the petitioner.

5.With the aforesaid directions, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar vv2 To 1.The Commissioner of Police, Salem City, Salem.

2.The Inspector of Police, Salem Town Police Station, Salem City.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.Kumarasamy, Advocate, S.R.No.25853 W.P.No.10513 of 2021 RGN(CO) GN(06/07/2021) https://hcservices.ecourts.gov.in/hcservices/