Madras High CourtCRL OP(MD)/2180/2021disposed of

Abdul Samad v. The Superintendent Of Police

2021-06-07Honourable Mr Justice A.A.Nakkiran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Abdul Samad S/o.Syed Sarbudeen ... Petitioner Vs.

1.State represented by The Superintendent of Police, Ramanathapuram District, 2.The Deputy Superintendent of Police, Keelakkarai Sub Division, 3.The Inspector of Police, Ervadi Police Station, Ramanathapuram District.

4.Nagarajan Sub-Inspector of Police, Ervadi Police Station, Ramanathapuram District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondents No.2 to 4 not to harass the petitioner without following due process of law under the garb of conducting an inquiry into a complaint lodged by the fourth respondent.

For Petitioner : Mr.S.Balaji For Respondents : Mr.M.Muthumanikkam, Government Advocate(Crl.side)

ORDER

This petition has been filed to direct the respondents No.2 to 4 not to harass the petitioner without following due process of 1/3

law under the garb of conducting an inquiry into a complaint lodged by the fourth respondent.

2.The learned counsel appearing for the petitioner submitted that on the basis of complaint given by the defacto complainant, the third respondent called the petitioner for enquiry continuously and harassed him. In this regard, the petitioner sent a representation, dated 12.05.2020 to the first respondent. However, no action has been taken. Hence, the petitioner filed the present petition seeking the aforesaid relief. 3.Heard the learned counsel appearing on either side. 4.Whatever might be the circumstances, the first respondent police is directed to consider the representation of the petitioner dated 12.05.2020 by following the principles laid down by the Hon'ble Apex Court in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610.

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

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) tta Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned. To 1.The Superintendent of Police, Ramanathapuram District, 2/3

2.The Deputy Superintendent of Police, Keelakkarai Sub Division, 3.The Inspector of Police, Ervadi Police Station, Ramanathapuram District.

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

07.06.2021 KM(15.06.2021) 3P 5C 3/3