Madras High CourtCRL OP(MD)/5910/2018allowed

Franklin Rousvelt v. The Superintendent Of Police

2018-04-13Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRL.O.P.(MD)No.5910 of 2018 Franklin Rousvelt : Petitioner Vs.

1. State rep. by The Superintendent of Police, Nagercoil, Kanyakumari District.

2. The Sub Inspector of Police, District Crime Branch Police Station, Nagercoil, Kanyakumari District.

3.M.Subramanian : Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents 1 and 2 not to harass the Petitioner on the basis of foisting false complaint given by the third respondent.

For Petitioner : Mr.N.S.Ramakrishnadass For Respondents 1 & 2 : Mr.Prabhu Ramachandran Government Advocate (Criminal side)

O R D E R

This petition has been filed to direct the respondents 1 and 2, not to harass the Petitioner on the basis of the false complaint given by the third respondent.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the State.

3. The learned counsel appearing for the petitioner submitted that the second respondent frequently called the petitioner and harassed him in the guise of enquiry.

4. The learned Government Advocate (Criminal Side) would submit that only on the basis of the complaint given by the third respondent, the petitioner was called for enquiry. He would further submit that the second respondent did not cause any harassment to https://hcservices.ecourts.gov.in/hcservices/

the petitioner and it seems that the issue is purely civil in nature. Further, he undertakes that the said enquiry will be disposed of within a week.

5. Recording the above said undertaking given by the learned Government Advocate (Criminal side), this Criminal Original Petition is allowed. Further, the second respondent is directed not to harass the petitioner.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2. The Sub Inspector of Police, District Crime Branch Police Station, Nagercoil, Kanyakumari District.

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

+1CC to Mr.N.S.Ramakrishnadass, Advocate, SR.No. 61160 CRL.O.P.(MD)No.5910 of 2018 PJL AM/SV MMS/SAR 2/26.04.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/