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Madras High CourtCRL OP(MD)/8250/2019dismissed

Gunaseelan, v. The Superintendent Of Police,

2019-06-14Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.8250 of 2019 1.Gunaseelan 2.Mercy Gunaseelan : Petitioners

Versus

1.The State of Tamil Nadu, rep. through its The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Sub Inspector of Police, Manoor Police Station, Tirunelveli District.

3.S.P.Ravindra Kumar : Respondents Prayer: Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the second respondent not to harass the petitioners in the guise of enquiry, who are totally not related to the alleged complaint given by the defacto complainant, viz., the third respondent in CSR Receipt No.485 of 2019. For Petitioners : Mr.P.M.Vishnuvarthanan For Respondents 1&2 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side) *****

O R D E R

This petition has been filed seeking a direction to the second respondent not to harass the petitioners under the guise of enquiry, based on the complaint given by the third respondent.

2. Today, when the matter was taken up for hearing, the learned Government Advocate (Criminal side) appearing for the respondents 1 and 2, on instructions, submitted that since the complaint has been filed against the petitioners alleging jobracketing, the second respondent police is conducting the investigation and the petitioners were called for enquiry, but, without appearing for enquiry, the petitioners have filed the present petition seeking the aforesaid relief. https://hcservices.ecourts.gov.in/hcservices/

3. Considering the fact that the complaint is pending, the petitioners are directed to appear before the second respondent for the purpose of enquiry and in the course of investigation, the second respondent is directed not to harass the petitioners under the guise of enquiry.

4. This Criminal Original Petition is disposed of accordingly.

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

2.The Sub Inspector of Police, Manoor Police Station, Tirunelveli District.

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

+1 CC to M/s.P.M.VISHNUVARTHANAN, Advocate SR-68752. Order made in Crl.O.P.(MD) No.8250 of 2019 Dated: 14.06.2019 CS: (24/06/2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/