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Madras High CourtCRL OP/17993/2020disposed of

N.Usha v. State Rep By

2021-01-04Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P. No.17993 of 2020

1. N.Usha, W/o.S.Nandhakumar.

2. Mohanraj, S/o.Nandhakumar.

3. Logeshwaran, S/o.Nandhakumar.

.. Petitioners .vs.

1. The Commissioner of Police, Chennai Metropolitan Commissioner Office, 132, Commissioner Office Building, E.V.K.Sampath Road, Vepery, Chennai 600 007.

2. The Deputy Commissioner of Police, Anna Nagar District, 6th Avenue, P-Block, Anna Nagar, Chennai 600 040.

3. The Inspector of Police, T-4, Maduravoyal Police Station, P.H.Road, Koyembedu, Maduravoyal, Chennai 600 095.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 3rd respondent and their subordinate police persons not to harass the petitioners in the guise of criminal proceedings in C.C.97 of 2018 before the Judicial Magistrate-II, Poonamallee for NBW pending against accused Nandhakumar and subsequently direct the respondents to work out their remedies under the appropriate criminal law. For Petitioner : Mr.P.Elumalai For Respondents: Mr.Mohamed Riyaz, Additional Public Prosecutor

ORDER

This petition has been filed to direct the 3rd respondent Police not to harass the petitioners in the guise of criminal proceedings in C.C.97 of 2018 pending before the Judicial Magistrate-II, Poonamallee.

2.The learned Additional Public Prosecutor submitted that a non-bailable warrant has been issued against an accused person named Nandhakumar in C.C.No.97 of 2018, pending on the file of the learned Judicial Magistrate-II, Poonamallee. The learned counsel further submitted that the respondent Police got an information that the petitioners were aware about the whereabouts of the accused person against whom the non-bailable warrant was issued and hence the petitioners were called for an enquiry.

3.Recording the submissions of the learned Additional Public Prosecutor, the petitioners are directed to co-operate for the enquiry and it is made clear that the respondent Police will not harass the petitioners in the name of the enquiry. 4.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar //True Copy// RM Sub Assistant Registrar To

1. The Commissioner of Police, Chennai Metropolitan Commissioner Office, 132, Commissioner Office Building, E.V.K.Sampath Road, Vepery, Chennai 600 007.

2. The Deputy Commissioner of Police, Anna Nagar District, 6th Avenue, P-Block, Anna Nagar, Chennai 600 040.

3. The Inspector of Police, T-4, Maduravoyal Police Station, P.H.Road, Koyembedu, Maduravoyal, Chennai 600 095.

4. The Public Prosecutor, High Court of Madras, Madras.

Copy to:

The Judicial Magistrate - II, Poonamallee.

Crl.O.P. No.17993 of 2020 ssd(CO) rv(09/02/2021)