G.Radhakrishnan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.19688 of 2020 G.Radhakrishnan

...Petitioner

.Vs.

1. State by The Executive Magistrate and Revenue Divisional Officer, Udayarpalayam, Ariyalur District.

2. The Inspector of Police, Senthurai Police Station, Udayarpalayam, Ariyalur District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue a direction to the respondents to consider the petitioner's representation dated 02.12.2020 for not to harass the petitioner.

For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.M.Mohamed Riyaz (Crl.Side) Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to issue a direction to the respondents to consider the petitioner's representation dated 02.12.2020, not to harass the petitioner. 2.The learned Additional Public Prosecutor submitted that under Section 110 of Cr.PC., proceedings are pending before the 1st respondent and notice will be issued to the petitioner to appear for the enquiry. The learned Additional Public Prosecutor further submitted that there is a trial pending before the Principal Sessions Court, Ariyalur in S.C.No.84/2018.

3.The learned counsel for the petitioner submitted that the petitioner is not a habitual offender and as and when he receives any summons, he will appear before the concerned authority and co-operate for the enquiry and put forth his case https://hcservices.ecourts.gov.in/hcservices/

and he should not be harassed by the respondent Police in the guise of enquiry.

4.Taking into consideration the facts and circumstances of the case and also the specific stand taken by the petitioner, the petitioner shall cooperate for the enquiry that is pending before the 1st respondent under Section 110 of Cr.P.C. It is also made clear that the petitioner will cooperate in the pending case in S.C.No.84/2018 and appear before the concerned Court during every date of hearing. Once the petitioner fulfills these conditions, it is made clear that the respondent Police will not harass the petitioner in the name of enquiry.

5.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(cs iii) //True Copy// kp Sub Assistant Registrar To

1. The Executive Magistrate and Revenue Divisional Officer, Udayarpalayam, Ariyalur District.

2. The Inspector of Police, Senthurai Police Station, Udayarpalayam, Ariyalur District.

3. The Principal Sessions Court, Ariyalur.

4. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.19688 of 2020 rp(CO) rv(01/02/2021) https://hcservices.ecourts.gov.in/hcservices/