Madras High CourtCRL OP/31868/2022disposed of

Veeran v. The Superintendent Of Police,

2022-12-23Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2022

CORAM

THE HONOURABLE Ms. JUSTICE R.N.MANJULA Veeran ... Petitioner Vs.

1. The Superintendent of Police, Erode District, Erode.

2. The Inspector of Police, Chennimalai Police Station, Erode District.

... Respondents Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent police not to harass the petitioner and his family under the guise of enquiry. For Petitioner : Mr.C.S.Saravanan For Respondents : Mr. S.Santhosh Govt. Advocate (Crl.side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the second respondent police not to harass the petitioner and his family under the guise of enquiry.

2. The learned counsel for the petitioner submitted that one Sathish had given a complaint before the second respondent police that his brother Sekar was missing; since the petitioner and Sekar were Coolie workers and they used to go to work together, the second respondent police started to harass the petitioner and his family under the guise of enquiry.

3. The learned Government Advocate (Crl. side) submitted that only in order to get some information regarding the missing person, the petitioner is being enquired.

4. Since the petitioner is not a named accused in the First Information Report and he happened to be the co-worker of the person who is said to be missing, it is appropriate for the second respondent to issue summons and enquire the petitioner alone in accordance with law. The second respondent 2/4

cannot harass the petitioner in the name of enquiry in a matter in which the petitioner is not an accused.

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

23.12.2022 Index : Yes/No Speaking Order : Yes / No bkn To:

1. 1. The Superintendent of Police, Erode District, Erode.

2. The Inspector of Police, Chennimalai Police Station, Erode District.

3. The Public Prosecutor, High Court, Madras.

3/4

R.N.MANJULA, J., bkn 23.12.2022 4/4