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Madras High CourtCRL OP/10338/2019dismissed

K.Ashok v. The Director General Of Police

2019-04-23Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2019

CORAM

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN Crl.O.P. No.10338 of 2019 K.Ashok ... Petitioner ..vs..

1. The Director General of Police, Office of the Director General of Police, Santhome, Chennai - 600 004.

2. The Commissioner of Police, Office of the Commissioner of Police, Chennai City, Veppery, Chennai - 600 007.

3. The Inspector of Police, Central Crime Branch, Veppery, Chennai - 600 007.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to issue direction to the 3rd respondent herein viz., the Inspector of Police, Central Crime Branch, Veppery, Chennai - 07 to take legal actions/ steps against the said K.Veeramani by arresting him to prevent him from further indulging in such illegal activities. For Petitioner : Mr.T.V.Ganesh For Respondents : M/s.T.P.Savitha, Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking direction to the respondents to take action against the accused by arresting him to prevent him from further indulging in activities which, according to the complainant, are illegal.

2. The case of the complainant is that the accused person had spoken ill about the Hindu Gods in his speech on 22.03.2019. https://hcservices.ecourts.gov.in/hcservices/

3. A counter affidavit has been filed by the Sub-Inspector of Police, Cyber Crime Cell, Central Crime Branch, Vepery, Chennai - 600 007, wherein the action that has been taken against the accused based on the complaint of the petitioner has been set out. It is stated that the offending video has been removed from the YouTube. It is also stated that the FIR has been registered in Crime No.122 of 2019 under Sections 153, 153 (A), 295(A), 298 and 505(1)(b)(c) IPC and it is taken up for investigation.

4. The complainant has no right to demand the arrest of the accused person. Pursuant to his complaint, the case has already been registered. Hence, I do not see any ground for granting direction as prayed for.

5. Therefore, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar dsa To

1. The Director General of Police, Office of the Director General of Police, Santhome, Chennai - 600 004.

2. The Commissioner of Police, Office of the Commissioner of Police, Chennai City, Veppery, Chennai - 600 007.

3. The Inspector of Police, Central Crime Branch, Veppery, Chennai - 600 007.

4. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.T.V.Ganesh, Advocate, S.R.No.38459 Crl.O.P. No.10338 of 2019 PPA(CO) SSM(17/06/2019) SSM(04/07/2019) https://hcservices.ecourts.gov.in/hcservices/