Syed Waliullah Khadri v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Syed Waliullah Khadri ... Petitioner Vs.

1. The State by The Commissioner of Police, 132, EVK Sampath Road, Vepery, Chennai-7.

2. The Inspector of Police, D1 Police Station, Wallajah Road, Chennai.

3. Syed Faziullah Khadri

4. Syed Hussain Nawaz Khadri ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent not to harass the petitioner under the guise of conducting enquiry.

For Petitioners : Mr.A.B.Ashok For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) for R1 and R2 1/4

O R D E R

The petitioner apprehending harassment in the hands of the 2nd respondent police for investigating the complaint given by the respondents 3 and 4 is before this Court seeking protection.

2. The learned Government Advocate (Crl.Side) appearing for the respondent police on instructions from the investigating officer submits that a case has been registered against this petitioner in Cr.No.527 of 2023 dated 21.11.2023 for the offences registered under Sections 294(b), 342 and 506(i) of IPC.

3. The learned Government Advocate (Crl.Side) further submits that due to non cooperation of the petitioner, enquiry could not be completed.

4. Taking into consideration the facts and circumstances of the case, this Court is of the view that since the petitioner claims civil dispute been given criminal colour, it is necessary, the 2nd respondent police while conducting investigation to follow the procedures contemplated under law and conduct an enquiry in accordance with law. If the presence of the 2/4

petitioner is required, they may be summoned in writing for physical appearance.

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

21.06.2024 Vv To

1. The The Commissioner of Police, 132, EVK Sampath Road, Vepery, Chennai-7.

2. The Inspector of Police, D1 Police Station, Wallajah Road, Chennai.

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

Dr.G.JAYACHANDRAN,J.

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