Elayaraja v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.14858 OF 2022 1.Elayaraja 2.Neethirajan

...Petitioners

Vs.

1.The Superintendent of Police, Cuddalore, Cuddalore District.

2.State of Tamil Nadu, Rep by the The Inspector of Police, Virudhachalam Police station, Cuddalore District, Crime No.617/2022

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C praying to direct the 2 nd respondent not to harass the petitioners in the name of petitioner enquiry. For Petitioners :

Mr.B.Harish For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the nd respondent not to harass the petitioners under the guise of enquiry.

2. It is the contention of the petitioners that under the pretext of enquiry, the respondent police is unnecessarily harassing the petitioners.

3. The learned Additional Public Prosecutor for the respondents on instructions submitted that based on the complaint given by the defacto complainant, notice has been issued to the petitioners. But the petitioners have not appeared before the second respondent for enquiry and they are not co-operating with the investigation.

4. Such being the position, it is for the investigating agency to issue appropriate notice to the petitioners for enquiry and on such notice, the petitioner shall appear for enquiry and co-operate with the investigation. After enquiring the petitioner, the Police may either register a complaint, if any cognizable offence is made out or close the complaint.

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

Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar nr/ksa-2 To 1.The Superintendent of Police, Cuddalore, Cuddalore District.

2.The Inspector of Police, Virudhachalam Police station, Cuddalore District.

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

Crl.O.P.No.14858 of 2022 SSI(CO) RVM(18/07/2022)