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Madras High CourtCRL OP/20184/2016dismissed

Jayakumar, Age 43 Years, v. The State Rep. By Commissioner

2016-09-15Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 15.09.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.20184 of 2016 1.Jayakumar 2.Vinayagamurthy 3.Thirugnanasambatham ... Petitioner Vs 1.The State rep by The Commissioner of Police, Coimbatore City, 2.The Inspector of Police, E-2, Peelamedu Police Station, 3.Kalaivani, Head Constable, E-2, Peelamedu Police Station, ... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd and 3rd respondents herein not to harass the petitioners by threatening to withdraw the complaint preferred by the 3rd petitioner dated 27.08.2016 to the 1st respondent and also the Writ Petition filed by the 3rd petitioner in W.P.No.28765 of 2016 on the file of this Hon'ble High Court.

For Petitioners : Mr.M.Venkadeshan For Respondents : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the 2nd and 3rd respondents not to harass the petitioners to withdraw the complaint preferred by the 3rd petitioner dated 27.08.2016 to the 1st respondent and also the Writ Petition filed by the 3rd petitioner in W.P.No.28765 of 2016 on the file of this Court.

2. Heard the learned counsel for the petitioners; learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record.

3. When the matter was taken up for hearing, learned Additional Public Prosecutor on instructions submitted that the Corporation officials have issued a notice to the petitioners asking them to stop construction and when the notice was affixed by the Corporation authorities, the Police have gone to give protection to the Corporation authorities.

4. It is alleged by the petitioners that the 3rd respondent is the relative of the opposite party and therefore, it is alleged that the Police are harassing the petitioners. Just because, the Police Constable/3rd respondent is a relative of one Suresh Kumar, it cannot be stated that she must recuse herself from giving police protection to the Corporation officials, when they are performing their official duties. Hence, this petition is devoid of merits and stands dismissed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar gya To 1.The Commissioner of Police, Coimbatore City,

2.The Inspector of Police, E-2, Peelamedu Police Station, 3.The Head Constable, E-2, Peelamedu Police Station, 4.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.M.Venkadeshan Advocate sr 52739 CRL.OP.No.20184 of 2016 aa27/09/2016