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Madras High CourtCRL OP/13715/2022closed

R.Selvakumar v. State Rep By The Superintendent Of Police

2022-06-16Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.13715 OF 2022 R.Selvakumar ... Petitioner .Vs.

The State represented by

1. The Superintendent of Police, Economic offence Wing, Ashok Nagar, Chennai.

2. The Inspector of Police, Economic Offence Wing, Ashok Nagar, Chennai.

... Respondents PRAYER:- This Criminal Original Petition filed under Section 482 Cr.P.C., Praying to direct the 2nd respondent police not to harass the petitioner and also direct the 2nd respondent to hand over the above said signed letter which was forcibly obtained by the 2nd respondent.

For Petitioner : Mr.B.L.Jayakandan For Respondents : Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent police not to harass the petitioner and also direct the second respondent to hand over the signed letter, which was forcibly obtained by them.

2. It is the contention of the learned counsel for the petitioner that the second respondent police without any reason https://hcservices.ecourts.gov.in/hcservices/

is harassing the petitioner and his family members under the guise of enquiry.

3. The term harassment is subjective one. Even for calling for enquiry, some people may feel as harassment. Therefore, a blanket order cannot be granted directing the Police not to harass.

4. However, the respondent Police is directed to follow the procedure by issuing notice to the petitioner and on such notice being issued, the petitioner shall appear before the Investigating Officer and co-operate with the investigation. If the Investigating Officer finds that if any cognizable offence is made out, he shall proceed as per law.

5. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rsi To 1.

The Superintendent of Police, Economic offence Wing, Ashok Nagar, Chennai.

2.

The Inspector of Police, Economic Offence Wing, Ashok Nagar, Chennai.

3.

The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.B.L.Jayakandan, Advocate, S.R.No.36118 CRL.O.P.NO.13715 OF 2022 PBS/24/06/2022 https://hcservices.ecourts.gov.in/hcservices/