Vallinayagam v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.5083 of 2019 1.Vallinayagam 2.V.Gugaakrishnaa ... Petitioners /Vs./ 1.The Sub-Inspector of Police, Perumalpuram Police Station, Tirunelveli City, Tirunelveli.
2.Mrs.Sivakalai 3.K.S.Ramanathan 4.Kannan
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C to direct the respondents 1 and 2 not to harass the petitioners under the guise of enquiry on the basis of the false complaint lodged by the respondents 3 and 4.
For Petitioners : Mr.J.Ashok For R-1 : Mr.V.Neelakandan Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to direct the respondents 1 and 2 not to harass the petitioners under the guise of enquiry on the basis of the false complaint lodged by the respondents 3 and 4.
2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor.
3. The learned counsel appearing for the petitioners submitted that the respondent police are harassing the petitioners.
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 20.03.2019. He added that the respondent police have not harassed the petitioners and they have no intention to harass him.
5. The statement of the learned Additional Public Prosecutor is recorded.
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6. In such circumstances, if at all the respondent police requires the presence of the petitioners for 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 ) sm To 1.The Sub-Inspector of Police, Perumalpuram Police Station, Tirunelveli City, Tirunelveli.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1CC to Mr.J.ASHOK , Advocate SR.No. 58966.
Crl.O.P.(MD)No.5083 of 2019 04.04.2019 DS/ /SAR- (02.05.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/