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Madras High CourtCRL OP/22422/2018disposed of

N.Chandran, 36 Years, v. The Superintendent Of Police,

2018-09-19Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :19.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM Crl.OP.No.22422 of 2018 N.Chandran ...Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Tiruppur Rural, Tirupur.

2. The Inspector of Police, Avinashi Police Station, Avinashi, Tiruppur District.

3. C.R.Subramaniayan ...Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the second respondent not to harass the petitioner pertaining to that complaint given by the third respondent against this petitioner.

For Petitioner : M/s.R.Nasrine For Respondents : Ms.M.Prabhavathi Additional Public Prosecutor, for R1 and R2

ORDER

This petition has been filed to direct the second respondent not to harass the petitioner under the guise of enquiry.

2. The learned counsel for the petitioner has submitted that the petitioner is the tenant under the third respondent. She further submitted that the third respondent has suddenly compelled the petitioner to vacate the premises and also gave a false complaint before the second respondent police and based on the complaint, the second respondent is harassing the petitioner under the guise of enquiry.

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3. The learned Additional Public Prosecutor has submitted that the complaint is pending for enquiry and only for enquiry purpose, the petitioner was called and he was not subjected to any harassment.

4. If the complaint discloses any cognizable offence, the second respondent has to register a case and proceed in accordance with law. In case, the complaint does not disclose any cognizable offence, he can conduct an enquiry with the complainant and if the said enquiry discloses any cognizable offence, then he has to register a case and proceed in accordance with law. Instead of doing so, he should not unnecessarily harass the petitioner.

5. With the aforesaid observations, this petition is disposed of.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar vv To 1.

The Superintendent of Police, Office of the Superintent of Police, Tiruppur Rural, Tiruppur 2.

The Inspector of Police, Avinashi Police Station, Avinashi, Tiruppur District.

3.

The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Nasrine,Advocate ,S.R.No.65914 Crl.OP.No.22422 of 2018 GMY(24/09/2018) https://hcservices.ecourts.gov.in/hcservices/