Madras High CourtCRL OP/20702/2023disposed of

S.Manickavasakan v. The Commissioner Of Police

2023-09-19Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.20702 of 2023 Mr.S.Manickavasakan ... Petitioner Vs.

1.The Commissioner of Police, Salem.

2.The Assistant Commissioner of Police, District Crime Branch, Salem City.

3.The Inspector of Police, District Crime Branch, Salem City.

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue a direction directing the Respondent police not to harass the petitioner under the guise of enquiry.

For Petitioner : Mr.M.Mohamed Riyaz for Mr.M.Prem Kumar For Respondents : Mr.A.Damodaran Additional Public Prosecutor 1/4

O R D E R

This criminal original petition has been filed to direct the respondent police not to harass the petitioner under the guise of enquiry. 2.The learned counsel for the petitioner submitted that the complaint was not given against the petitioner and has actually been given against four other persons. However, the petitioner is being harassed.

3.The learned Additional Public Prosecutor submitted that the petitioner was called for an enquiry based on the complaint given by one Shobana. The learned Additional Public Prosecutor also clarified that the complaint was not given against the petitioner and it was actually given against four other persons. 4.In view of the above, if the complaint is not given against the petitioner, the petitioner cannot be called for an enquiry and he cannot be harassed. In view of the same, unless there is a specific complaint against the petitioner, the petitioner should not be called for an enquiry by the respondent police. 2/4

5.This criminal original petition is disposed of accordingly. 19.09.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr To 1.The Commissioner of Police, Salem.

2.The Assistant Commissioner of Police, District Crime Branch, Salem City.

3.The Inspector of Police, District Crime Branch, Salem City.

4.The Public Prosecutor, High Court, Madras.

3/4

N.ANAND VENKATESH, J ssr Crl.O.P.No.20702 of 2023 19.09.2023 4/4