Madras High CourtCRL OP(MD)/9134/2019disposed of

Kumar, S/O.Muthuramalingam v. The Superintendent Of Police

2019-06-28Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD) No.9134 of 2019 Kumar : Petitioner

Versus

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

2.The Inspector of Police, District Crime Branch (DCB), Madurai District.

3.Jeyaraj : Respondents Prayer: Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the second respondent not to harass the petitioner under the guise of enquiry, based on the complaint given by the third respondent.

For Petitioner : Mr.Niranjan S.Kumar 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 petitioner under the guise of enquiry, based on the complaint given by the third respondent.

2. The grievance of the petitioner is that based on the complaint given by the third respondent, now, the second respondent/Inspector of Police, District Crime Branch (DCB), Madurai District, is calling for the petitioner for enquiry continuously and harassing him. Even though the petitioner is ready and willing to appear before the enquiry and subjecting himself for enquiry, the second respondent police is unnecessarily harassing him. In the above circumstances, the present petition has been filed.

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3. The learned Government Advocate (Criminal side) appearing for the respondents 1 and 2, on instructions, submitted that there are two complaints pending against the petitioner and only for the purpose of enquiry, he was called for. On 27.06.2019 he appeared for enquiry and today also, he was called to appear for enquiry. The respondents 1 and 2 are not harassing the petitioner, as alleged by the petitioner.

4. Considering the submissions made on either side, the second respondent is directed to proceed with the enquiry. The petitioner is also directed to co-operate with the enquiry. However, under the guise of conducting enquiry, the second respondent is directed not to harass the petitioner and conduct an enquiry in a proper way and proceed with the same in accordance with law.

5. The Criminal Original Petition is disposed of with the above direction.

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

2.The Inspector of Police, District Crime Branch (DCB), Madurai District.

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

+1cc to Mr. NIRANJAN S.KUMAR ,Advocate, SR.No. 72333 Order made in Crl.O.P.(MD) No.9134 of 2019 Dated: 28.06.2019 BUC(09.07.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/