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Madras High CourtCRL OP(MD)/5710/2019closed

V. Thirumalaisamy v. The Superintendent Of Police

2019-04-22Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.5710 of 2019 V.Thirumalaisamy ... Petitioner Vs.

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

2. The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

3. The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

4.Arumugam

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents not to harass the petitioner in the guise of enquiry.

For Petitioner : Mr.N.Kamesh for Mr.J.Devasenan For R-1 to R4 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondents not to harass the petitioner under the guise of enquiry.

2. Heard learned counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the respondent Nos.1 to 4.

3. The learned Government Advocate (Criminal side) submitted that on the complaint given by one Arumugam against the petitioner, petition enquiry is pending on the file of the third respondent police.

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4. Under such circumstances, blanket order of ''not to harass'' cannot be passed. The petitioner is directed to cooperate 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 third respondent police is free to register an FIR and this order shall not be a shield for the petitioner against arrest.

5. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS ) To

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

2. The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

3. The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

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

1 CC to Mr.N.KAMESH, Advocate ( SR-61691[F] dated 23/04/2019 ) Crl.O.P.(MD)No.5710 of 2019 22.04.2019 vsd/Ls AE/ (13.05.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/