Madras High CourtCRL OP/29709/2015disposed of

S. Raja v. The Superintendent Of

2015-12-15Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2015

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.29709 of 2015 S.Raja ... Petitioner Vs.

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

2.The Inspector of Police, All Women Police Station, Gudiyatham, Vellore District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the second respondent not to harass the petitioner except due process of law.

For Petitioner : Mr.K.Thenrajan For Respondents: Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition is filed for a direction to the second respondent not to harass the petitioner except under due process of law.

2.The learned counsel appearing for the petitioner submitted that the second respondent is frequently calling the petitioner based on the complaint lodged by one Sivaraj, fatherin-law of the petitioner and under the guise of enquiry the second respondent is harassing the petitioner. He further submitted that the petitioner's mother gave a representation to the first respondent with regard to the harassment given by the second respondent. The said representation was not considered. Hence, the petitioner came forward with this petition and prayed for appropriate orders.

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3.The learned Additional Public Prosecutor submitted that since the complaint against this petitioner is pending, the petitioner is called for enquiry and only inorder to avoid the enquiry, the petitioner has filed this petition. 4.Irrespective of the submissions made on either side, this Court is constrained to pass the following order: (i) The petitioner is directed to cooperate with the enquiry.

(ii) The second respondent police is directed to conduct the enquiry in accordance with law, without harassing the petitioner.

5. The criminal original petition is ordered accordingly. Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar pri To 1.The Superintendent of Police, Vellore District, Vellore.

2.The Inspector of Police, All Women Police Station, Gudiyatham, Vellore District.

3.The Public Prosecutor High Court, Madras.

1 cc to M/s.K. Tjenrajan, Advocate, Sr. 67207 Crl.O.P.No.29709 of 2015 ALA (CO) kk 8/1 https://hcservices.ecourts.gov.in/hcservices/