Madras High CourtCRL OP/15693/2022disposed of

Mohan Babu v. The State

2022-07-08Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Mohan Babu ... Petitioner Vs.

1.The state Rep by Dy. Superintendent of police EOW Wing, HQRS, Ashok Nagar, Chennai 600 083.

2.The state, Rep by Inspector of Police, EOW Wing, HQRS, Ashok Nagar, Chennai 600 083.

..Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C praying to direct the 1st and 2nd respondents police not to harass the petitioner by appreciating the facts and circumstances of the case. For Petitioner : Mr.A.Ramesh Senior Counsel for Mr.Deepan Uday For Respondents : Leonard Arul Joseph Selvam Government Advocate(Crl.Side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 and 2 not to harass the petitioner under the guise of enquiry.

2. Learned Senior counsel for the petitioner would submit that the petitioner is neither a complainant nor an accused. However, he has been repeatedly called by the respondent police under the guise of enquiry.

3. The learned Government Advocate(Crl.side) for the respondents on instructions submitted that there is a complaint pending against the petitioner. Based on the complaint, notice has been issued to the petitioner. But the petitioner has not appeared before the respondent police for enquiry and he is not co-operating with the investigation.

4. Such being the position, it is for the Investigating Officer to issue appropriate notice to the petitioner for enquiry and on such notice, the petitioner shall appear for enquiry and co-operate with the investigation. Without doing so, the police cannot repeatedly call the petitioner under the guise of enquiry. 2/4

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

08.07.2022 Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No nr/shk To 1.The Deputy Superintendent of police EOW Wing, HQRS, Ashok Nagar, Chennai 600 083.

2. The Inspector of Police, EOW Wing, HQRS, Ashok Nagar, Chennai 600 083.

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

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N. SATHISH KUMAR,J.

nr 08.07.2022 4/4