Madras High CourtCRL OP/22350/2023disposed of

V.Kannan v. State Rep By

2023-10-03Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.22350 of 2023 V.Kannan ... Petitioner Vs.

1. The State Represented by Assistant Commissioner of Police, Suramangalam Range, Salem District.

2. The Inspector of Police, B11 Suramangalam Police Station, Salem District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents not to harass the petitioner other than due process of law.

For Petitioner : Mr.Swamisubramanian For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side)

O R D E R

Based on the complaint given by one Sumathy to the respondent police, the petitioner herein apprehends harassment at the hands of the 1/4

respondent police. However, on reading of the complaint which indicates that the property purchased by the petitioner herein and in this connection, the said Sumathy has given complaint. So far, the respondent police has not issued any summons for enquiry under Section 41 A of the Criminal Procedure Code, 1973.

2. However, the learned counsel appearing for the petitioner states that on oral instructions, he went to the police station and participated in the enquiry and also given a written representation on 02.09.2023, through his counsel.

3. From the records, this Court finds that this petitioner has already have Legal Assistance and participated in the enquiry, if at all, any further enquiry is required, the petitioner may be called by the Police by summon under Section 41A of Cr.P.C., and on receipt of such summon, the petitioner shall cooperate with the respondent police. If there is cooperation on the part of the petitioner, they shall not be any need to take coercive steps. 2/4

4. With this direction, the Criminal Original Petition is disposed of. 03.10.2023 Index : Yes/No mac/rpl To

1. Assistant Commissioner of Police, Suramangalam Range, Salem District.

2. The Inspector of Police, B11 Suramangalam Police Station, Salem District.

3. The Public Prosecutor, High Court, Madras.

3/4

Dr.G.JAYACHANDRAN,J.

Mac/rpl Crl.O.P.No.22350 of 2023 03.10.2023 4/4