Madras High CourtCRL OP(MD)/4528/2019disposed of

S.Sethupandi v. The Superintendent Of Police

2019-03-27Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2019 CORAM :

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.4528 of 2019 S.Sethupandi ... Petitioner /Vs./ 1.State rep. by its The Superintendent of Police, Sivagangai District. 2.State rep. by its The Inspector of Police, S.S.Kottai Police Station, Sivagangai District. 3.Muthulakshmi ... Respondents Prayer: Petition - filed under Section 482 of the Criminal Procedure Code, to direct the 1st respondent to instruct the 2nd respondent not to harass the petitioner on the basis of petitioner's representation dated 18.03.2019. For Petitioner : Mr.M.Sathiamoorthy For R-1 & R-2 : Mr.V.Neelkandan Additional Public Prosecutor

ORDER

This petition is filed to direct the 1st respondent to instruct the 2nd respondent not to harass the petitioner on the basis of petitioner's representation dated 18.03.2019.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first and second respondents.

3. The learned counsel appearing for the petitioner submitted that the third respondent has a propensity to make repeated complaints against the petitioner, on the pretext of which, the second respondent is harassing him.

4. Refuting the same, the learned Additional Public Prosecutor submitted that at least two complaints preferred by the third respondent have been enquired and the same were closed. He added https://hcservices.ecourts.gov.in/hcservices/

that the respondent police have not harassed the petitioner and they have no intention to harass him.

5. The statement of the learned Additional Public Prosecutor is recorded.

6. In such circumstances, if at all the respondent police requires the presence of the petitioner for enquiry / interrogation, they shall issue summons under Section 41 A Cr.P.C., mentioning a specific date and time for enquiry and also giving reasonable time for him to travel to the venue of such enquiry. The petitioner is also directed to co-operate with the enquiry. During enquiry, there shall not be harassment to the petitioner. Accordingly, this criminal original petition is disposed of.

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

2.The Inspector of Police, S.S.Kottai Police Station, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.M.SATHIAMOORTHY, Advocate ( SR-57566[F] dated 28/03/2019 ) SM/VSD Order made in Crl.O.P.(MD)No.4528 of 2019 27.03.2019 KM/(12.04.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/