Madras High CourtCRL OP(MD)/1680/2018disposed of

Zahir Hussain v. The Inspector Of Police

2018-02-05Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.1680 of 2018 Zahir Hussain ... Petitioner -Vs1. State represented by The Inspector of Police, Anti Corruption and Vigilance, Pudukottai.

2. Chandrasekar ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to issue a direction directing the respondent police not to harass the petitioner. For Petitioner : Mr.V.Singan For Respondent No.1 : Mr.Prabhu Ramachandran Government Advocate(Crl.side)

O R D E R

This petition has been filed to direct the first respondent not to harass the petitioner.

2.The learned counsel for the petitioner has submitted that the first respondent has registered a case against the second respondent under the Prevention of Corruption Act, and in that case the first respondent has compelled the petitioner to give statement against the second respondent and for that the petitioner has not agreed and hence, the first respondent is threatening that he will file a case against the petitioner under Section 11 of the Prevention of Corruption Act and under Section 420 IPC.

3.The learned Government Advocate (Crl.side) has submitted that the first respondent has not threatened the petitioner to give statement against the second respondent as alleged by the petitioner. He further submitted that since the petitioner has been cited as witness in the case, which was registered against the second respondent, a statement under Section 161 Cr.P.C has been recorded from him and in pursuance of the said statement he https://hcservices.ecourts.gov.in/hcservices/

was called upon to give statement under Section 164 Cr.P.C before the Judicial Magistrate, but he refused to give statement under Section 164 Cr.P.C and thereafter, the petitioner was not called to give any more statement and hence the question of harassment of the petitioner does not arise.

4.As per the submissions of the learned Government Advocate the petitioner was called upon to give statement under Section 164 Cr.P.C., but he has refused to give statement under Section 164 Cr.P.C and thereafter, he was not called upon for giving any statement and hence, the question of harassment does not arise. 5.Recording the aforesaid submission, this criminal original petition is disposed of.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Anti Corruption and Vigilance, Pudukottai.

2. The Additional Public Prosecutor, Madurai Bench of Madras High court, Madurai.

+1cc to Mr.V.Singan, Advocate Sr.No.46619 RMK VB/SKN/RSK/SAR2/23.02.2018/2P/4C Crl.O.P.(MD) No.1680 of 2018 05.02.2018 https://hcservices.ecourts.gov.in/hcservices/