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Madras High CourtCRL OP/22293/2023disposed of

A.Anish Kumar v. The Deputy Commissioner Of Police,

2023-10-04Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.22293 of 2023 A.Anish Kumar ... Petitioner Vs.

1. The Deputy Commissioner of Police, City Crime Branch, Coimbatore.

2. Assistant Commissioner of Police, City Crime Branch, Coimbatore.

3. The Sub-Inspector of Police, City Crime Branch, Coimbatore.

...

Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the Respondents not to harass the Petitioner. For Petitioner : Mr.E.Vijayakumar For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl. Side) 1/4

O R D E R

Without making any specific averments or allegations against the police, who has caused summon under Section 41A of Criminal Procedure Code, 1973 to enquire the complaint given by one Mrs.Kavithamani against Ganesan and Vidhya Balachandar alleging of forgery and cheating, this petitioner has come before this Court by filing petition under Section 482 of Criminal Procedure Code, 1973 seeking direction from this Court to the respondent police not to harass him.

2.

This Court when enquired the counsel what is the harassment his client faced in the hands of the respondent police, the counsel is unable to explain. He has not even responded to the summon under Section 41A served on him on 18.05.2023 to appear before the police on 20.05.2023 for enquiry. While so, an imaginary apprehension that the police will harass him is made in his petition.

3.

The learned counsel for the petitioner states that the petitioner is ready to cooperate with the investigation. However, his past conduct does not support his submission. If in future, he receives any summons for 2/4

appearance and participate in the enquiry, he shall appear before the respondent police and cooperate with the investigation. If such cooperation is extended by the petitioner, no cohesive action be taken by the respondent police unless and until if warrants.

4.

With the above, the Criminal Original Petition is disposed of. 04.10.2023 Index : Yes/No mac/rpl To

1. The Deputy Commissioner of Police, City Crime Branch, Coimbatore.

2. Assistant Commissioner of Police, City Crime Branch, Coimbatore.

3. The Sub-Inspector of Police, City Crime Branch, Coimbatore.

4. The Public Prosecutor, High Court, Madras.

3/4

Dr.G.JAYACHANDRAN,J.

Mac/ rpl Crl.O.P.No.22293 of 2023 04.10.2023 4/4