Madras High CourtCRL OP(MD)/4965/2019disposed of

Muthulakshmi, W/O.Iyyasamy, v. The Superintendent Of Police

2019-04-02Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.4965 of 2019 Muthulakshmi ... Petitioner /Vs./ 1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Uthumalai Police Station, Tirunelveli District.

3.T.Iyyasamy ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C to direct the 2nd respondent not to harass the petitioner under the guise of enquiry.

For Petitioner : Mr.M.Sankar For R-1 & R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent not to harass the petitioner under the guise of enquiry.

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

3. The learned counsel appearing for the petitioner submitted that the second respondent police is harassing the petitioner.

4. The learned Additional Public Prosecutor submitted that a complaint was preferred by the third respondent and the same is being enquired as current paper. He further submitted that summon was issued to both the parties and petition enquiry was conducted and it was closed on 30.01.2019. He added that the respondent police have not harassed the petitioner and they have no intention to harass him.

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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 preliminary enquiry / interrogation, they shall issue summons under Section 41 A Cr.P.C., mentioning specific date and time for enquiry and during enquiry, there shall not be harassment. Accordingly, this criminal original petition is disposed of.

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

2.The Inspector of Police, Uthumalai Police Station, Tirunelveli District.

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

+1 CC to M/s.M.SANKAR, Advocate in SR-58796 Crl.O.P.(MD)No.4965 of 2019 sm PK/27.04.2019 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/