P.Maharaja v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN P.Maharaja ... Petitioner Vs.

1.The Commissioner of Police, Avadi, Chennai-600 054.

2.The Inspector of Police, Central Crime Branch-EDF-II, Commissioner of Police Office, Avadi, Chennai-600 054.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to issue direction, directing the respondents herein not to harass the petitioner in pursuant to the alleged complaint. For Petitioner : Mr.P.Rajendrakumar For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl.Side)

O R D E R

Pursuant to the complaint registered in Crime No.38 of 2023, the petitioner herein been served summons under Section 41 A Cr.P.C., for 1/4

participating in the enquiry. Apprehending harassment at the hands of the respondent police, the present Criminal Original Petition is filed seeking direction not to harass pursuant to the said complaint. 2.

The learned counsel appearing for the petitioner states that it is a civil dispute pending in respect of the property which was duly sold under proper registration. Despite that, a false complaint been lodged against the petitioner and under the guise of enquiry, he has been harassed.

3.

The learned Government Advocate (Crl.Side) appearing for the respondent police states that the Investigating Officer requires the presence of the petitioner herein for completion of investigation and if he co-operates with the investigation, there is no necessity to take any coercive steps against him.

4.

The petitioner appears to be one of the witnesses to the disputed sale deed and therefore, the police has sought for co-operation in this investigation. The petitioner cannot take umbrage under vague 2/4

allegations that he has been harassed. The Investigating Officer has issued summons under Section 41 A Cr.P.C., for his appearance on 21.05.2024. Hence this Court directs the petitioner to co-operate with the investigation under summons.

5.

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

05.06.2024 Index : Yes/No rpl To 1.The Commissioner of Police, Avadi, Chennai-600 054.

2.The Inspector of Police, Central Crime Branch-EDF-II, Commissioner of Police Office, Avadi, Chennai-600 054.

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

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Dr.G.JAYACHANDRAN,J.

rpl 05.06.2024 4/4