Madras High CourtCRL OP/12940/2021disposed of

P.Shankar v. State Rep.By

2021-07-28Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.12940 of 2021 P.Shankar ... Petitioner

Versus

State rep by the Inspector of Police, Central Crime Branch, Salem City, Salem District.

... Respondent Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent herein not to harass the petitioner by appreciating the above stated facts and circumstances.

For Petitioner : Mr.S.Suresh, for Mr.R.Kishore Kumar.

For Respondent : Mr.A.Damodaran, Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the respondent not to harass the petitioner expect by due process of law.

2.The learned Government Advocate (crl.side) appearing for the respondent/police submits that the petitioner is required for an enquiry as per the current paper, which has been forwarded to the Commissioner of Police.

3.Considering the submission made by the learned Government Advocate (crl.side), the petitioner is directed to appear before the respondent/police on 03.08.2021 and thereafter, the petitioner can be called, if he required for an enquiry. The respondent/police is directed to complete the enquiry, within a period of two months.

https://hcservices.ecourts.gov.in/hcservices/

4.The petitioner is directed to co-operate with the police for enquiry and at the time of conducting the enquiry, the petitioner shall not be harassed by the police. The police cannot call the petitioner on a regular basis in the guise of enquiry without even registering the First Information Report. During the course of enquiry, if any cognizable offence is made out, the respondent is free to register an FIR and this order shall not be a shield for the petitioner against the respondent proceeding to take action in accordance with law. 5.With the above directions, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar klt To 1.The Inspector of Police, Central Crime Branch, Salem City, Salem District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Suresh, Advocate (SR No.36406) CRL.O.P.No.12940 of 2021 JPL (CO) PR (02/08/2021) https://hcservices.ecourts.gov.in/hcservices/