← Library
Madras High CourtCRL OP/13412/2022dismissed

A.X.Jenisten v. State Rep By

2022-06-13Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13/6/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR CRL. O.P. NO.13412 OF 2022 1.A.X.Jenisten 2.A.Xavier Raj 3.Anandhi

...Petitioners

Vs 1.State Rep. By The Commissioner of Police 132 E.V.K.Sampath Road, Vepery Chennai 600 007.

2.The Assistant Commissioner of Police Velacherry Road Aarthi Nagar, Selaiyur Chennai 600 059.

3.The Inspector of Police S-10 Pallikaranai Police Station Chennai.

4.Beryl

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the second and third respondents Police not to harass the petitioner under the guise of enquiry. For Petitioner :

Mr.M.J.Sundar For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the second and third respondents Police not to harass the petitioner, under the guise of enquiry.

2. Heard Mr.M.J.Sundar, learned counsel for the petitioner and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the respondents.

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

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 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 dismissed. 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 cognisable offence is made out or close the complaint. Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar mvs To 1.The Commissioner of Police 132 E.V.K.Sampath Road, Vepery Chennai 600 007.

2.The Assistant Commissioner of Police Velacherry Road Aarthi Nagar, Selaiyur Chennai 600 059.

3.The Inspector of Police S-10 Pallikaranai Police Station Chennai.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.13412 of 2022 RP(CO) RVM(21/06/2022) https://hcservices.ecourts.gov.in/hcservices/