Madras High CourtCRL OP(MD)/11959/2017closed

M.Seeniraj, v. The Superintendent Of Police,

2017-09-20Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.11959 of 2017 M.Seeniraj ... Petitioner -VsThe State Represented by

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

2. The Sub Inspector of Police, Thirupuvanam Police Station, Sivagangai District, Sivagangai.

...Respondents

Prayer: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to direct the second respondent not to harass the petitioner without any proper reason or valid complaint against him.

For Petitioner : Mr.N.Thamimul Ansari For Respondents : Mr.K.Anbarasan, Government Advocate(Crl.side).

O R D E R

The petitioner has filed this Criminal Original Petition to direct the the second respondent not to harass the petitioner without any proper reason or valid complaint against him. 2.The petitioner has given a representation to the first respondent about the enquiry conducted by the second respondent in his absence in the Village, where the petitioner is residing. The learned counsel for the petitioner states that he is residing in Railway Colony, Manamadurai. Though the second respondent has no jurisdiction, he has gone to the petitioner's house and threatened the petitioner's father-in-law and he ordered him to hand over the petitioner to the second respondent in order to initiate proceedings under Section 110 of Criminal Procedure Code. https://hcservices.ecourts.gov.in/hcservices/ 3.When the petitioner is the resident of Manamadurai, he is

right in stating that the second respondent has no jurisdiction to ask the petitioner to attend an enquiry. The petitioner has given a complaint to the Superintendent of Police and the first respondent may consider the same and issue suitable directions to the second respondent, if the statement of the petitioner is found true.

4.Having regard to the submissions that the second respondent has no jurisdiction and that no complaint as such has been received by the second respondent as against the petitioner the same also may be taken note of by the first respondent, while issuing suitable directions to the second respondent. However, if a complaint is received, the same also can be enquired only after issuing summons in the manner and in accordance with law. Thus, need not by any harassment.

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

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

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

2. The Sub Inspector of Police, Thirupuvanam Police Station, Sivagangai District, Sivagangai.

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

Myr AE/SKN RSK/SAR3/11.10.2017/2P/4C Crl.O.P.(MD) No.11959 of 2017 20.09.2017 https://hcservices.ecourts.gov.in/hcservices/