Madras High CourtCRL OP(MD)/4004/2019dismissed

Balamurugan, v. The Inspector Of Police

2019-03-18Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD).No.4004 of 2019 1.Balamurugan 2.Pathi .. Petitioners Vs.

1.The Inspector of Police, Oomatchikulam Police Station, Oomatchikulam, Madurai District.

.. 1st Respondent/Complainant 2.Muthupandi .. 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the 1st respondent not to harass the petitioners in the guise of enquiry.

For Petitioners : Mr.K.Sivabalan For Respondents : Mr.V.Neelakandan Additional Public Prosecutor for R1 ***

O R D E R

This petition has been filed by the petitioners seeking a direction to the first respondent not to harass the petitioners in the guise of enquiry.

2.Heard the learned counsel for the petitioners and learned Government Advocate (Crl. Side) for the respondents and perused the materials placed on record.

3.When the matter is taken up for hearing, the learned Additional Public Prosecutor represented that on the complaint given against the petitioners, petition enquiry is pending on the file of the respondent police.

4.Under such circumstances, blanket order of "not to harass" cannot be passed. The petitioners are directed to cooperate with the police for enquiry and at the time of conducting enquiry, the petitioners shall not be harassed. During the course of enquiry, if any cognizable offence is made out, the respondent police is free to register the FIR and this order shall not be a shield for the petitioners against arrest.

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5.With the above direction, this criminal original petition is dismissed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To 1.The Inspector of Police, Oomatchikulam Police Station, Oomatchikulam, Madurai District.

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

+1 CC to M/s.K.SIVABALAN, Advocate( SR-54979[F] dated 19/03/2019 ) TM Crl.O.P.(MD).No. 4004 of 2019 18.03.2019 KM/(29.03.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/