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Madras High CourtCRL OP/13790/2018closed

A.Ulaganathan, M/A 34 Yrs, v. The District Superintendent Of

2018-05-30Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.05.2018

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P. No.13790 of 2018 A.Ulaganathan ... Petitioner/De-facto Complainant Vs The District Superintendent of Police Superintendent Office Kancheepuram District. ... Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent herein not to harass the petitioner.

For petitioner : Mr. A.Selvendran For Respondent : M/s. M.Prabhavathi Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction to respondent herein not to harass the petitioner.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. In my considered opinion, if enquiry is pending, without following the due processes of law, the respondent police is not supposed to call the petitioner every day and no blanket direction as prayed for by the petitioner can be given. If the petitioner is wanted either for enquiry or for interrogation, he can very well be summoned by the respondent police and while doing so, the petitioner shall not be harassed. At the same time, the petitioner should submit themselves to the respondent for interrogation and enquiry. During the enquiry, if any cognizable offence is made out, this order would not be a shield against the arrest of the accused.

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4. With the above observation, the Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS IX) //True copy// Sub Assistant Registrar vsg/ssd To 1.

The District Superintendent of Police Superintendent Office Kancheepuram District.

2.

The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Selvendran, Advocate SR.No.34295 Crl.O.P. No.13790 of 2018 GN(05/06/2018) https://hcservices.ecourts.gov.in/hcservices/