Madras High CourtCRL OP(MD)/2116/2018disposed of

Iyyappan v. The Superintendent Of Police

2018-02-12Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.2116 of 2018 Iyyappan ... Petitioner -Vs1.The Superintendent of Police, Madurai District,Madurai.

2.The Inspector of Police, Kottampatti Police Station, Madurai District.

3.N.Natchiammal ... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the first respondent to direct the second respondent Police not to harass the petitioner and his family without any basis under the guise of enquiry, on the basis of the petitioner's representation dated 22.01.2018. For Petitioner : Mr.N.Panneer Selvam For R-1 & R-2 : Mr.Prabu Ramachandran, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner to direct the second respondent not to harass the petitioner and his family members under the guise of the enquiry, based upon the complaint given by the third respondent. 2.The learned counsel appearing for the petitioner has submitted that the third respondent is the relative of the petitioner's wife and she gave a complaint that her minor daughter has been kidnapped by the petitioner's wife's relative and the petitioner is in noway connected with the said incident. However, he has been frequently, called upon by the second respondent and harassing him without any basis.

3.The learned Government Advocate (Crl.Side) has submitted that since the third respondent minor's daughter has been kidnapped by the petitioner's wife's relative and a complaint has been received and the case also has been registered in Crime No.619 of 2017 and only for the purpose of the said case, the petitioner was called upon, but he has not been subjected to any harassment as alleged by him.

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4.Considering the aforesaid submissions, if the second respondent wants to enquire the petitioner, he can issue summons and direct him to appear for enquiry. But, he should not be subjected any harassment during enquiry.

5.With the aforesaid observations, this Criminal Original Petition is disposed of.

Sd/ Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Madurai District,Madurai.

2.The Inspector of Police, Kottampatti Police Station, Madurai District.

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

+1cc to Mr.M.SATHIAMOORTHY Advocate, SR.No. 47752 CRL.O.P.(MD)No.2116 of 2018 12.02.2018 SSS KK/GT/12.03.2018/SAR-3/2P-5C https://hcservices.ecourts.gov.in/hcservices/