Arunachalakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.194 of 2018 Arunachalakumar ... Petitioner -Vs1. The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

2.Ibrahim Special Sub Inspector of Police (S.P CID) Veeravanallur Police Station, Tirunelveli District.

... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents not to harass the petitioner in the guise of enquiry.

For Petitioner : Mr.S.R.A.Ramachandran For Respondents : Mr.Prabhu Ramachandran Govt. Advocate (Crl.Side) for R1 No appearance for R-2

O R D E R

This Criminal Original petition has been filed to direct respondents not to harass the petitioner under the guise of enquiry. 2.The learned counsel appearing for the petitioner has submitted that even though no complaint has been registered against the petitioner, the second respondent is frequently calling upon the petitioner to appear before the police station for enquiry and thereupon, the petitioner appeared before the second respondent. But the second respondent, without conducting any enquiry, directed him to sit till evening. Hence, he has come forward with this https://hcservices.ecourts.gov.in/hcservices/ petition.

3.The learned Government Advocate (Criminal side) has submitted that the petitioner has been indulging in transporting sand illegally and the said fact has been informed by the second respondent to the Superintendent of Police and he further submitted that the petitioner was not at all called to the police station and hence, the question of harassing him does not arise. 4.Considering the above submissions, this court is of the view that if any cognizable offence is committed by the petitioner, it is always open to the respondent to register a case against him and take appropriate action in accordance with law, in stead of that they should not harass the petitioner without following the procedure.

5.With the aforesaid observation, this Criminal Original petition is disposed of.

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

1. The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

2. Ibrahim, Special Sub Inspector of Police (S.P CID), Veeravanallur Police Station, Tirunelveli District.

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

Crl.O.P.(MD) No.194 of 2018 08.01.2018 VS SDS/KK/SAR 2/25.01.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/