G.Ravichandran, v. The Commissioner Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.10884 of 2017 G.Ravichandran ... Petitioner -Vs1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, S.S.Colony Police Station, Madurai.

... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent not to harass the petitioner in the guise of enquiry by the respondent police.

For Petitioner : Mr.M.Kannan For Respondents : Mr.K.Anbarasan, Government Advocate(Crl. Side).

O R D E R

This Criminal Original petition is filed seeking a direction to the second respondent not to harass the petitioner in the guise of enquiry by the respondent police.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal side) appearing for the respondents.

3. The petitioner stated that the second respondent police visited the shop of the petitioner and took him to the police station for an enquiry to find out whether the petitioner has received the stolen jewels. It was further stated that the second respondent started enquiry in the matter on the basis of some statement given by the accused in Crime No.869 of 2017. He further stated that despite the petitioner has given information that he has never received any stolen jewels from any of the accused as alleged, the petitioner is being put to harassment by calling the petitioner to the police or by taking the petitioner to the police station.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate(Criminal Side) however, on instructions submitted that the second respondent has only conducted an enquiry on the basis of the statement given by the accused in a theft case wherein the accused has stated that he has given the stolen jewels to the petitioner. He further submitted that except the enquiry that was conducted, there was no harassment and that therefore, this petition is liable to be dismissed.

5. Considering the nature of the grievance expressed before this Court, while closing the Criminal Original petition, is constrained to observe that the petitioner need not be harassed and even if the presence of the petitioner is required for any enquiry, the same shall be done only after issuing summons prescribing date and time and in the manner known to law.

6. Accordingly, the Criminal Original petition is closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, S.S.Colony Police Station, Madurai.

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

+1cc to M/S.M.Kannan, Advocate SR.No. 73376 CRL.O.P.(MD)No.10884 of 2017 18.08.2017 pmu JM/SV MMS/SAR 1/23.08.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/