Madras High CourtCRL OP(MD)/4039/2019dismissed

K.Balakrishnan, v. The Superintendent 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.4039 of 2019 K.Balakrishnan .. Petitioner Vs.

1.The Superintendent of Police, Theni District, Theni.

2.The Deputy Superintendent of Police, Periyakulam Taluk, Theni District.

3.Muthumani .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the 2nd respondent herein not harass the petitioner and his family members under the guise of enquiry. For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.V.Neelakandan Additional Public Prosecutor for R1 & R2 ***

O R D E R

This petition has been filed by the petitioner seeking a direction to the 2nd respondent not harass the petitioner and his family members under the guise of enquiry.

2.Heard the learned counsel for the petitioner 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 petitioner, 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 petitioner is directed to co-operate with the police for enquiry and at the time of conducting enquiry, the petitioner 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 https://hcservices.ecourts.gov.in/hcservices/

petitioner against arrest.

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

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) TM To 1.The Superintendent of Police, Theni District, Theni.

2.The Deputy Superintendent of Police, Periyakulam Taluk, Theni District.

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

1 CC to M/s.J.JEYAKUMARAN, Advocate ( SR-54966[F] dated 19/03/2019 ) Crl.O.P.(MD).No. 4039 of 2019 18.03.2019 DS/ /SAR- (12.04.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/