Madras High CourtCRL OP/17979/2021disposed of

S.Murugan v. The Commissioner Of Police,

2021-10-05Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.17979 of 2021 S.Murugan, S/o. Sundaraj ... Petitioner

Versus

1. The Commissioner of Police, Greater Chennai Police, Vepery, Chennai-600 007.

2. The Inspector of Police, E-4 Abiramapuram Police Station, Greenways Road, Chennai

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue direction to the 2nd respondent police not to harass the petitioner herein under the guise of investigation pertaining to the complaint pending on the file of respondent police.

For Petitioner :

Mr.C.Ganesh Pandian For Respondents :

Mr.R.Vinothraja Govt. Advocate (Crl. Side)

ORDER

(This case has been heard through video conference) This petition has been filed seeking not to harass the petitioner under the guise of enquiry in pursuance of the complaint pending on the file of 2nd respondent police.

2. The contention of the petitioner is that he was continuously harassed by the respondent police, despite the petitioner being the defacto complainant in Crime No.728 of 2021, which is causing harassment.

3. The learned Government Advocate (Criminal side) appearing for respondents 1 and 2 would submit that on the complaint of petitioner in Crime No.728 of 2021 came to be registered for offence under Sections 294B, 325 and 506(2) I.P.C. for the purpose of collecting wound certificate and other documents and also to ascertain the fact, the petitioner's appearance is required. Hence, he was called for enquiry.

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4. In view of the same, this Court finds that calling the defacto complainant for enquiry would not amount to harassment, it is only to facilitate investigation on the complaint given by him. Therefore, the petitioner is directed to cooperate with the enquiry and produce relevant documents, which is available with him.

5. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rpp/sp To

1. The Commissioner of Police, Greater Chennai Police, Vepery, Chennai-600 007.

2. The Inspector of Police, E-4 Abiramapuram Police Station, Greenways Road, Chennai.

4. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.17979 of 2021 kg(CO) A.SK(25.10.2021) https://hcservices.ecourts.gov.in/hcservices/