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Madras High CourtCRL OP(MD)/737/2024disposed of

M.Babu Raj v. The Superintendent Of Police

2024-01-18Honourable Mrs Justice R. Hemalatha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2024

CORAM:

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA M.Babu Raj ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, At Nagercoil.

2.The Inspector of Police, Kollencode Police Station, Kanyakumari District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the second respondent not to harass the petitioner and his family members by considering the complaint of the petitioner dated 08.01.2024. For Petitioner : Mr.S.Sivakumar For Respondents : Mr.T.SenthilKumar Additional Public Prosecutor 1/4

ORDER

This petition is filed by the petitioner seeking for a direction to the second respondent, Kollencode Police Station, Kanyakumari District not to harass him and his family members under the guise of an enquiry.

2. The grievance of the petitioner is that the second respondent without issuing any summons has initiated proceedings under Section 110 Cr.P.C which is totally against the police standing orders 748(2). His further contention is that the respondent police has also threatened him that they would open a history sheet against him.

3. Mr.T.SenthilKumar, learned Additional Public Prosecutor on instructions would submit that the respondent police has not harassed the petitioner and they had only issued summons under Section 110 Cr.P.C. Since the petitioner has not challenged the said summons, he cannot file this present petition.

4. Mr.S.Sivakumar, learned counsel for the petitioner submitted that the petitioner did not receive any summons allegedly issued by the respondent Police.

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5. In such circumstances, the respondent police is directed to issue fresh summons to the petitioner and proceed further in accordance with law.

6. In view of the same, this Criminal Original Petition is disposed of. 18.01.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To 1.The Superintendent of Police, Kanyakumari District, At Nagercoil.

2.The Inspector of Police, Kollencode Police Station, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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R. HEMALATHA, J.

Nsr 18.01.2024 4/4