Annadurai v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.18722 of 2020 Annadurai, S/o.Velusamy.

.. Petitioner -vs1.The Superintendent of Police, Namakkal District, Namakkal.

2.The Inspector of Police, Vennandur Police Station, Namakkal District.

..Respondents.

Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the 2nd Respondent not to harass the Petitioner except due process of law in pursuance of his representation dated 07.11.2020 and pass orders. For Petitioner : Mr.M.Subash For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to direct the 2nd respondent police not to harass the Petitioner in the name of enquiry without due process of law.

2.Heard the learned counsel for the petitioner. 3.A status report has been filed by the second respondent. The learned Additional Public Prosecutor by relying upon the status report submitted that an enquiry under Section 110 of Criminal Procedure Code is pending before the Revenue Divisional Officer (RDO), Namakkal District, and inspite of notice issued to the petitioner, he is not appearing for the enquiry and he is absconding. The learned counsel further submitted that the petitioner is a history https://hcservices.ecourts.gov.in/hcservices/ Page numbers

sheeter and there is a history sheet that has been opened against the petitioner in History Sheet No.234 of 2013 in Vennandur Police Station. The learned counsel further submitted that the petitioner will have to appear before the concerned Revenue Divisional Officer at the time of conducting enquiry under Section 110 Cr.P.C.

4.In the considered view of this Court, the second respondent has already referred the matter to the RDO, Namakkal District and the petitioner has to necessarily appear for enquiry before the concerned Executive Magistrate as and when the summons are issued to the petitioner and co-operate for the enquiry.

5.This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar rm To 1.The Superintendent of Police, Namakkal District, Namakkal.

2.The Inspector of Police, Vennandur Police Station, Namakkal District.

3.The RDO, Namakkal District.

4.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.18722 of 2020 RSI(CO) CB(02/02/2021) https://hcservices.ecourts.gov.in/hcservices/ Page numbers