Asokan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2018 CORAM :

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.27532 of 2018 Asokan .. Petitioner Vs

1. The Superintendent of Police, Office of the Superintendent of Police, Villipuram District.

2. The State Rep. by its The Inspector of Police, District Crime Branch, Villipuram District.

.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st Respondent, not to harass the petitioner unless due process of law.

For Petitioner : Mr.P.Saravanan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the 1st Respondent, not to harass the petitioner unless due process of law. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3.It is seen from records that the petitioner had given a complaint against one Sankar, on the ground that the said Sankar threatened the petitioner. Sankar had also given a complaint against this petitioner before the 2nd respondent. An enquiry was conducted by the 2nd respondent. In the meantime, the petitioner also filed anticipatory bail petition before this Court. The said anticipatory bail was disposed of on 30.08.2018 by recording the submission made by the Additional Public Prosecutor to the effect that the petition enquiry has been https://hcservices.ecourts.gov.in/hcservices/

conducted and the same has been closed.

4. Even after disposal of the anticipatory bail, the 2nd respondent is repeatedly calling the petitioner for an enquiry. In view of the specific stand taken by the 2nd respondent that the petition enquiry has been conducted and closed, the 2nd respondent cannot repeatedly call the petitioner for enquiry. If any complaint is received by the 2nd respondent, he has to go strictly act in accordance with the guidelines given by the Hon'ble Supreme Court of India in Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353. The petitioner cannot be repeatedly called by the police and harassed.

3. This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ssr/ub To

1. The Superintendent of Police, Office of the Superintendent of Police, Villipuram District.

2. The Inspector of Police, District Crime Branch, Villipuram District.

3. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.P.Saravanan, Advocate Sr.No.81328 Crl.O.P.No.27532 of 2018 CSL/07.12.2018 https://hcservices.ecourts.gov.in/hcservices/