Madras High CourtCRL OP/22426/2018disposed of

P.Ramesh, Aged 52 Years, v. The State Rep By Its,

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.22426 of 2018 P.Ramesh ... Petitioner Vs.

State Represented by, The Inspector of Police, T.P chatram Police Station Chennai Crime No: Not known of 2018 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondent not to harass the petitioner in Crime No. not known of 2018 on the file of Inspector of Police, T.P.Chatram Police Station, Chennai. For Petitioner : Ms.M.Samundeeshwari For Respondents :Ms.M.Prabhavathi Additional Public Prosecutor

ORDER

This petition has been filed to direct the 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 in respect of the Flat No.24/34 Swathi Ayyappa Flats. She further submitted that one Janakiraman who is the father of the petitioner's landlord gave a false complaint before the respondent with a view to evict the petitioner forcefully, based on the said complaint, the respondent is harassing the petitioner under the guise of enquiry.

3. The learned Additional Public Prosecutor has submitted that 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 respondent has to register a case and proceed in accordance with https://hcservices.ecourts.gov.in/hcservices/

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 Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar vv/vsn To

1. The Inspector of Police, T.P chatram Police Station Chennai.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Malathi, Advocate SR.NO.64801 RR(CO) sm:10.10.2018 Crl.OP.No.22426 of 2018 https://hcservices.ecourts.gov.in/hcservices/