Karthikeyan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.12310 of 2021 Karthikeyan

...Petitioner

Vs.

1.The Superintendent of Police, O/o.the Superintendent of Police, Cuddalore District.

2.The Inspector of Police, Kattumannarkoil Police Station, Cuddalore District.

...Respondents

PRAYER: Petition filed under Section 482 of Cr.P.C., to issue a direction, directing the 2nd respondent not to harass the petitioner under the guise of enquiry.

For Petitioner : Mr.S.Madhusudanan For Respondents : Mr.E.Raj Thilak Government Advocate (Crl. Side)

ORDER

(This case has been heard through video conference) This Criminal Original Petition has been filed seeking for a direction, directing the 2nd respondent not to harass the petitioner under the guise of enquiry.

2. The contention of the petitioner is that he is a professional driver and also belongs to a political party, now in opposition. Earlier, a case has been registered against the petitioner and proceedings u/s.110 Cr.P.C. initiated in M.C.No.122 of 2020 and orders were passed on 13.02.2020 and after a lapse of one year on 27.02.2021 immediately another F.I.R. came to be registered against the petitioner on 06.03.2021 for the offence u/s.7(1)(a) of Criminal Law Amendment Act. The respondent police on the guise of enquiry, is visiting the house of the petitioner more frequently and causing harassment. Accordingly prays for appropriate orders. https://hcservices.ecourts.gov.in/hcservices/

3.Mr.E.Raj Thilak, the learned Government Advocate (Crl. Side) would submit that the petitioner has got history of cases and the 2nd case is pending against him u/s.110 Cr.P.C. initiated on 13.02.2020. He would further submit that the petitioner is very active in politics and himself a office holder, who is using his criminal credentials, threatening people and thereby a case came to be registered. After registration of the case, the respondent police have not visited the house of the petitioner and called him for enquiry.

4.Considering the above submissions made by the learned Government Advocate and also the antecedents of the petitioner, the respondent police is hereby directed to issue summons to the petitioner and thereafter call him for any enquiry and not under the guise of pending enquiry of the above Crime Number he may not be harassed.

5.This Criminal Original Petition stands disposed of accordingly.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar kas To 1.The Superintendent of Police, O/o.the Superintendent of Police, Cuddalore District.

2.The Inspector of Police, Kattumannarkoil Police Station, Cuddalore District.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

Crl.O.P.No.12310 of 2021 GP(CO) RVM(06/08/2021) https://hcservices.ecourts.gov.in/hcservices/