M.Thilagar, Aged 52 Years, v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.05.2018

CORAM:

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM Crl.O.P.No.12948 of 2018 M.Thilagar ... Petitioner Vs.

1.State Represented by The Commissioner of Police, Vepery, Chennai.

2.State Represented by The Assistant Commissioner of Police, Peravalur, Chennai.

3.State Represented by The Inspector of Police, K1, Sembiam Police Station, Perambur, Chennai.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 3rd respondent not to harass the petitioner except under due process of law.

For Petitioner : Ms.S.Vidya For Respondents : Mrs.M.Prabhavathi Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed seeking to direct the 3rd respondent not to harass the petitioner.

2. The learned counsel for the petitioner has submitted that the petitioner was the former tenant and the defacto complainant is the present tenant and he gave a complaint against the petitioner for refund of the advance amount. She further submitted that the complaint should be given against the landlord, instead of that, he had given a complaint against the petitioner herein and based on the said complaint, the 3rd respondent viz., the Inspector of Police, is harassing the petitioner.

3. The learned Additional Public Prosecutor has submitted https://hcservices.ecourts.gov.in/hcservices/

that the enquiry is still pending, after receipt of the complaint, only for the enquiry purpose, the petitioner was called and he was not subjected to any harassment.

4. Considering the aforesaid submissions, the respondents are directed to enquire the complaint and if the complaint discloses any cognizable offence, the respondents have to register a case and proceed in accordance with law and instead of doing so, they should not unnecessarily harass the petitioner under the guise of enquiry.

5. With the above observations, this criminal original petition is disposed of.

Sd/- Assistant Registrar/Vacation Officer //True copy// Sub Assistant Registrar dsa To 1.The Commissioner of Police, Vepery, Chennai.

2.The Assistant Commissioner of Police, Peravalur, Chennai.

3.The Inspector of Police, K1, Sembiam Police Station, Perambur, Chennai.

4.The Public Prosecutor, High Court, Madras.

+1cc to Ms.S.Vidya, Advocate SR.No.34212 Crl.O.P.No.12948 of 2018 NM(CO) GN(01/06/2018) https://hcservices.ecourts.gov.in/hcservices/