C.Guna @ Gunasekaran v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.15389 OF 2021 C.Guna @ Gunasekaran ... Petitioner

Versus

1. The Commissioner of Police, Vepery, Chennai 600 007.

2. The Deputy Commissioner of Police, Adyar, Chennai 600 020.

3. The Inspector of Police, J-3, Guindy Police Station, Guindy, Chennai ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct 3rd respondent police not to harass the petitioner .

For Petitioner : M/s.A.E.Ravichandran For Respondents : Mr.A.Damodaran, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed not to harass the petitioner on the guise of enquiry.

2. The learned counsel for the petitioner would submit that the petitioner is arrayed as A5 in S.C.No.549 of 2018 on the file of the XVII Additional City Civil Court Chennai. Now,

trial is in progress and the petitioner is regularly appearing before the trial Court and co-operating with the trial. The respondent police to implead the petitioner in yet another case calling upon the petitioner at odd hours and causing harassment.

3. The learned Government Advocate (Crl. side) would submit that the petitioner is involved in a case of murder for gain and there is some proof as against the petitioner about his involvement in that case and he has been called for only for the purpose of investigation, which cannot be termed as harassment. Further the petitioner is in History Sheet in H.S.No.34 of 2016.

4. This Court considered the submissions made on either side and perused the materials available on records carefully.

5. Considering the submissions made by the learned Government Advocate (crl.side), this Court finds that calling the petitioner for enquiry cannot be termed as an harassment and hence this Criminal Original Petition is liable to be dismissed.

6. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar mrp To

1. The Commissioner of Police, Vepery, Chennai 600 007.

2. The Deputy Commissioner of Police, Adyar, Chennai 600 020.

3. The Inspector of Police, J-3, Guindy Police Station, Guindy, Chennai.

4. The Public Prosecutor, High Court, Madras.

+1cc to M/s.A.E.Ravichandran, Advocate, S.R.No.44724 CRL.O.P.No.15389 of 2021 AJS(CO) RLP(01/10/2021)