B.K.Sankar v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.17590 of 2021 B.K.Sankar S/o. N.B.S.Maniyan ... Petitioner

Versus

The State rep. by The Inspector of Police, (Anti Land Grabbing Special Cell) District Crime Branch, District Police Office, Thiruvallur.

(Cr.No.11 of 2020) ....Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police not to harass the petitioner.

For Petitioner :

Mr.A.R.Suresh For Respondents :

Mr.R.Vinoth Raja Govt. Advocate (Crl.side)

ORDER

(This case has been heard through video conference) The petitioner is an Advocate. According to the petitioner, he had rendered only professional advice and service and in the guise of enquiry in Crime No.11 of 2020, the respondent police summoning the petitioner and also visiting petitioner's house often at odd hours and causing harassment.

2. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that in this case, the petitioner drafted and facilitated execution of Power of Attorney by Shanthi in favour of one Kavitha. The said Kavitha, is an accused in Crime No.11 of 2020, using the power of attorney created other forged document, in which, both conspired together. Further, the role of the petitioner with regard to the drafting of Power of Attorney are alone much more subject to assailants, which needs enquiry. In view of the same, enquiring the petitioner, part of the investigation, it would not amount to harassment. If he appears and gives explanation voluntarily after summoning him for enquiry, there is no necessity for the police to visit him again and again, which is now termed as an harassment.

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3. The learned counsel for the petitioner would submit that the petitioner is an advocate and he only rendered professional service and he is ready to offer his explanation. He shall appear before the respondent police on 05.10.2021 for enquiry and thereafter, for future hearing dates, if necessary.

4. Recording the same, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar rpp/nr To 1.The Inspector of Police, (Anti Land Grabbing Special Cell) District Crime Branch, District Police Office, Thiruvallur.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.R.Suresh, Advocate, S.R.No.50956 CRL.O.P.No.17590 of 2021 VG II(CO) GN(13/10/2021) https://hcservices.ecourts.gov.in/hcservices/