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Madras High CourtCRL OP(MD)/12170/2017closed

D.Selvaraj v. The Inspector Of Police

2017-09-15Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD)No.12170 of 2017 D.Selvaraj ... Petitioner Vs.

1.The Inspector of Police, Sivagiri Police Station, Tirunelveli District.

2.Amirtharaj 3.L.Selvaraj

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondent Nos.1 and 2 not to harass the petitioner and his family members. For Petitioner : Mr.R.Alagumani For R1 : Mr.K.Anbarasan Government Advocate (Crl.side).

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O R D E R

This Criminal Original Petition has been filed to direct the respondent 1 and 2 not to harass the petitioner and his family members.

2.The second respondent has been impleaded in his individual capacity and some allegations were made against him. It is stated that the second respondent has compelled the petitioner to admit his guilt. The de-facto complainant, namely, the third respondent has given a complaint as against the petitioner and according to the petitioner, the said complaint was a false and fabricated one.

3.However, the learned Government Advocate, on instructions, submitted that the complaint given by the third respondent as against the petitioner was enquired into and a prima facie a case was found as against the petitioner. 4.Be that as it may, the respondents 1 and 2 shall not harass the petitioner. Even if a cognizable offence is made out, it is open to them to register the complaint and proceed further. In case, the presence of the petitioner is required for enquiry, the same shall also be done only after issuing summons prescribing date and time, in the manner known to law.

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

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Sivagiri Police Station, Tirunelveli District.

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

+1cc to M/S.R.ALAGUMANI, Advocate SR.No.79436 mm / cmr MAS/JC/SAR2:11.10.2017:2P-4C Crl.O.P.(MD)No.12170 of 2017 15.09.2017 https://hcservices.ecourts.gov.in/hcservices/