S.Veerakumar v. The Inspector Of Police (Crime)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :29.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.27771 of 2018 S.Veerakumar

...Petitioner

Vs.

State rep. by its The Inspector of Police (Crime), H-6, R.K.Nagar Police Station, Korukkupet, Chennai - 600 021.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to issue direction under Section 482 of Cr.P.C., directing the respondent not to harass the petitioner, his office staffs and his family members under the guise of enquiry in summon issued by the respondent under Section 160 Cr.P.C r/w 91 Cr.P.C dated 27.11.2018.

For Petitioner :Mr.J.B.Soloman Peter Kamaldoss For R1 & R2 :Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking for a direction to the respondent police not to harass the petitioner.

2. The learned Additional Public Prosecutor would submit that the petitioner had already filed a similar petition before this Court and this Court had passed orders on 31.08.2018.

3. It will be relevant to extract the order passed by this Court in the earlier petition filed by the petitioner: ..3. Learned Government Advocate submitted that on complaint given by one Karunanithi against the petitioner, petition enquiry is pending in CSR.No.493 of 2018 on the file of the respondent.

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4. In such view of the matter, the petitioner is directed to cooperate with the police for enquiry and at the time of conducting enquiry, the petitioner shall not be harassed. During the course of enquiry, if any congnizable offence is made out, the respondent police is free to register an FIR and this order shall not be shield for the petitioner against arrest.

With the above direction, this petition is closed.

4. Pursuant to the said order, the respondent police have now given summon to the petitioner to appear for an enquiry on 28.11.2018. Immediately on receipt of summon the present petition has been filed before this Court.

5. In the considered view of this Court, this petition is not maintainable in view of the earlier order passed by this Court.

6. This Court has already given direction to the respondent police in the earlier order and no further orders are required to be passed in this Criminal Original Petition.

7. In view of the same, this Criminal Original Petition is petition is disposed of.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ub To 1.The Inspector of Police (Crime), H-6, R.K.Nagar Police Station, Korukkupet, Chennai - 600 021.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.27771 of 2018 spd(co) srg 20/12/2018 https://hcservices.ecourts.gov.in/hcservices/