Madras High CourtCRL OP/14664/2022closed

Subathra Mani v. The Inspector Of Police

2022-06-27Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 27.06.2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. No.14664 of 2022 1.Subathra Mani 2.Sivakumar ... Petitioners Vs The State Rep. By:

The Inspector of Police, E-5, Foreshore Police Station, Chennai.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the respondent police to not to harass the petitioners under the guise of an enquiry without following due process of law.

For Petitioners : Mr.K.Thenrajan For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondent police to not to harass the petitioners under the guise of an enquiry without following due process of law.

2. Heard learned counsel appearing for the petitioners and the learned Government Advocate (crl.side) for the respondents police.

3. The term harassment is so subjective which cannot be encapsulated in objective criterion. The petitioners having given a complaint is bound to cooperate with the Police for enquiry.

Admittedly, the enquiry is pending. Without cooperating with the Police, they cannot seek such a blanket direction.

4. In such a view of the matter, the prayer sought for by the petitioners are rejected. Accordingly, this Criminal Original Petition is closed. The Police shall issue notice, https://hcservices.ecourts.gov.in/hcservices/

within two weeks, from today, for causing the appearance of the second petitioner, for enquiry and after enquiring the second petitioner, the Police may either register a complaint, if any cognizable offence is made out, otherwise they may close the complaint.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar shk/ham To

1. The Inspector of Police, E-5, Foreshore Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Thenrajan, Advocate, S.R.No.39952 Crl. O.P. No. 14664 of 2022 KV(CO) CT/05/07/2022 https://hcservices.ecourts.gov.in/hcservices/