← Library
Madras High CourtCRL OP/10202/2022closed

Abdulkathar v. The State Rep By Its,

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.10202 OF 2022 AbdulKathar

...Petitioner

Vs State rep by its 1.The Commissioner of Police, Office of the Commissioner of Police, No.132, EVK Sampath Road, Vepery, Chennai 600 007.

2.The Deputy Commissioner of Police, St.Thomas Mount, Chennai.

3.The Inspector of Police (Crime), St.Thomas Mount Police Station, Chennai 16.

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the third respondent not to harass the petitioner for enquiry intended for the above mentioned alleged offence.

For Petitioner :

Mr.G.Mohammed Aseef For Respondents :

Mr.N.Muthuvel, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the third respondent not to harass the petitioner.

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

3. The term harassment is so subjective which cannot be encapsulated in objective criterion. The petitioner having given a complaint is bound to cooperate with the Police for https://hcservices.ecourts.gov.in/hcservices/

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 petitioner 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 petitioner, for enquiry and after enquiring the petitioner, the Police may either register a complaint, if any cognizable offence is made out or close the complaint.

Sd/- Assistant Registrar(CS-V) // True Copy // Sub Assistant Registrar shk/mvs To 1.The Commissioner of Police, Office of the Commissioner of Police, No.132, EVK Sampath Road, Vepery, Chennai 600 007.

2.The Deputy Commissioner of Police, St.Thomas Mount, Chennai.

3.The Inspector of Police (Crime), St.Thomas Mount Police Station, Chennai 16.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.10202 of 2022 NK(CO) RVM(28/06/2022) https://hcservices.ecourts.gov.in/hcservices/