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Madras High CourtCRL OP(MD)/10453/2016closed

S.Simson v. The Commissioner Of Police

2016-07-11Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.10453 of 2016 S.Simson ... Petitioner -vs1.

The Commissioner of Police, Tirunelveli.

2.

The Assistant Commissioner of Police, CCB, Tirunelveli City, Tirunelveli.

3.

The Inspector of Police, CCB, Tirunelveli City, Tirunelveli.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents not to harass the petitioner under the guise of enquiry by investigating the complaint of one Gunaseelan for which already a case was registered by Virudhunagar DCB in Cr.No.11/2015 dated 07.05.2015 for which so far no charge sheet was filed.

For Petitioner :

Mr.R.Babu Jaganath For Respondents :

Mr.A.P.Balasubramani Govt. Advocate (Crl.Side)

ORDER

The petitioner has filed this petition, seeking a direction to the respondents not to harass the petitioner under the guise of enquiry on the basis of the complaint lodged by one Gunaseelan against the petitioner and others, in which already a case has been registered in Crime No.11 of 2015 dated 07.05.2015 on the file of the Virudhunagar DCB and that no charge sheet has been filed in the said case.

2. Heard the learned counsel on either side.

3. According to the learned Government Advocate (Crl.Side) appearing for the respondents, a case has been registered against the petitioner in Crime No.11 of 2015 on the file of the Virudhunagr District Crime Branch under Sections 409, 420, 465, 468, 471 and 120(b) IPC on 07.05.2015 itself and the case is being https://hcservices.ecourts.gov.in/hcservices/

proceeded with before the learned Judicial Magistrate, Virudhunagar.

3.1. There is statement by the respondents that the appearance of the petitioner before the respondent police is no more required. Under such circumstances, there is no scope for calling the petitioner again to the respondent police either in the guise of enquiry or in the guise of anything else.

4. Therefore, recording the submission made by the learned Government Advocate (Crl.Side), this Criminal Original Petition is closed.

Sd/- Assistant Registrar(P & A) /True Copy/ Sub Assistant Registrar To:

1.

The Commissioner of Police, Tirunelveli.

2.

The Assistant Commissioner of Police, CCB, Tirunelveli City, Tirunelveli.

3.

The Inspector of Police, CCB, Tirunelveli City, Tirunelveli.

4.

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

+1cc to Mr.R.BAABU JAGANATH,Advocate Sr.No.36338 AR AA/DB/29.07.2016/2p-6c Crl.O.P.(MD) No.10453 of 2016 11.07.2016 https://hcservices.ecourts.gov.in/hcservices/