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Madras High CourtCRL OP/14764/2024dismissed

P.William v. The State Rep By

2024-06-25Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN P.William ... Petitioner Vs.

1.The State Rep. By its The Inspector of Police, W-6, All Women Police Station, Ayyanavaram, Chennai-600 023.

2.S.Swetha ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the 1st respondent police herein not to harass the petitioner in any manner based on the complaint dated 18.05.2024.

For Petitioner : Mr.A.R.Nixon For R1 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

The petitioner herein alleging that the police is harassing him on the complaint given by the 2nd respondent is before this Court seeking protection.

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2.

The learned Government Advocate (Crl.Side) appearing for the respondent police states that a matrimonial dispute between the husband and wife has led to complaint against this petitioner. In this connection, summon was issued to the petitioner herein for appearance as per the dictum of the Hon'ble Supreme Court. The petitioner instead of appearing before the police, has filed this petition as if the police is harassing him and the allegations of the 2nd respondent has already been enquired and closed.

3, This Court on perusal of records finds that the complaint been received and registered for enquiry. The person who is called to participate in the enquiry cannot obstrain from participating in the enquiry, claiming that he is harassed by the police. Harassment is very vague term has to be specifically stated in the complaint how and when the harassment took place. In this petition, this Court finds nothing on that sort to presume that the police is harassing the petitioner. Except the fact that which according to the petitioner sufficient to answer the summons. Such presumption cannot be drawn by the persons who is called for enquiry on the complaint. Hence this Criminal Original Petition 2/4

is dismissed.

25.06.2024 Index : Yes/No rpl To

1. The Inspector of Police, W-6, All Women Police Station, Ayyanavaram, Chennai-600 023.

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

Dr.G.JAYACHANDRAN,J.

rpl 3/4

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