Madras High CourtCRL OP(MD)/4996/2019disposed of

S.Jeyadepan v. The Deputy Superintendent Of

2019-04-03Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.4996 of 2019 S.Jeyadepan ... Petitioner /Vs./ 1.The Deputy Superintendent of Police, Samayanallur, Madurai District.

2.State represented by its, The Inspector of Police, Samayanalur Police Station, Madurai District.

3.Balu

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C to direct the 2nd respondent herein not to harass the petitioner in the name of enquiry without due process of law in money dispute in between the petitioner and the third respondent herein. For Petitioner : Mr.S.Ramasamy For R-1 & R-2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent herein not to harass the petitioner in the name of enquiry without due process of law in money dispute in between the petitioner and the third respondent herein.

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 respondent police are harassing the petitioner.

4. The learned Additional Public Prosecutor submitted that a complaint was preferred by the private respondent herein and the same is being enquired as current paper. He further submitted that summon was issued to both parties and petition enquiry was conducted and it was closed on 13.02.2019. 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 // True Copy // Sub Assistant Registrar(CS) To 1.The Deputy Superintendent of Police, Samayanallur, Madurai District.

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

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

+1cc to Mr.S.RAMASAMY,Advocate, SR.No.58943 Crl.O.P.(MD)No.4996 of 2019 03.04.2019 SM KK/SAR/02.05.2019/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/