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Madras High CourtCRL OP/27386/2018disposed of

D.Kantilal v. The State Represented By

2018-11-26Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.27386 of 2018 D.Kantilal

...Petitioner

Vs.

1.The State rep. By The Inspector of Police, Paramathi Police Station, Namakkal.

2.The Superintendent of Police, Office of the Superintendent, Namakkal, Namakkal District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the 1st and 2nd respondents not to harass the petitioner under the guise of enquiry on the complaint made by one Sellammal in Crime No.162 of 2018 on the file of the 2nd respondent.

For Petitioner :Mr.M.Raja Sehar For Respondents :Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking for a direction to the respondents police not to harass the petitioner under the guise of enquiry.

2. The learned counsel appearing for the petitioner would submit that the respondents police have registered an FIR in Crime No.162 of 2018 against unknown persons for an offence under Sections 279, 304(A) of IPC on 17.09.2018. In this regard, the petitioner is being repeatedly called for the police and enquired.

3. Admittedly in this case, FIR has been filed against unknown persons. The respondent is in the process of identifying in the actual accused person and therefore, the petitioner has been called for an enquiry. The petitioner is directed to co-operate with the enquiry and it is also made clear that the respondent police shall not harass the petitioner in the name of enquiry. The respondent police shall complete the enquiry and identify the actual person at the earliest possible time in order to proceed further with the investigation.

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4. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Paramathi Police Station, Namakkal.

2.The Superintendent of Police, Office of the Superintendent, Namakkal, Namakkal District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Raja Sehar, Advocate SR.No. 80238 Crl.O.P.No.27386 of 2018 ASK(17/12/2018) https://hcservices.ecourts.gov.in/hcservices/