Karthi v. The City Police Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.OP.(MD) No.15243 of 2017 Karthi ... Petitioner Vs.

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

2.The Inspector of Police, Madhichiam Police Station, Madhichiam, Madurai District.

... Respondents PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent and their station authorities not to harass the petitioner and his family members under the guise of enquiry.

For Petitioner :Mr.S.Muthalraj For Respondents :Mr.A.Ramar, Additional Public Prosecutor ***

ORDER

The Criminal Original Petition is filed to direct the second respondent not to harass the petitioner and his family members under the guise of enquiry.

2. Heard the learned Counsel for the petitioner and Mr.A.Ramar, learned Additional Public Prosecutor who takes notice for the respondents.

3.The petitioner states that in an incident which was happened about three weeks back in the public street, adjacent to his house, suspecting that the petitioner is involved in the wordy quarrel among the youngsters, the petitioner's parents as well as the petitioner were enquired by the respondent police. It is further stated that the petitioner has given his explanation in the course of enquiry and he was once again directed to appear for enquiry. In these circumstances, apprehending that the petitioner will be falsely implicated in a criminal case, the petitioner has approached this Court with the above prayer.

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4.The petitioner has not involved in any incident and merely on the basis of apprehension, this Court cannot issue any direction to the respondent. However, the petitioner need not be harassed if he is not involved in any case. Even assuming that a complaint is received as against the petitioner and it shows a cognizable offence, it is open to the respondent to proceed further in accordance with law. Even if the appearance of the petitioner is required, the same can be done only by issuing summons by following the procedure known to law.

5. As a result, the Criminal Original Petition is closed with the above observations.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar.

To 1.The City Police Commissioner, Maudrai City, Madurai.

2.The Inspector of Police, Madhichiam Police Station, Madhichiam, Madurai District.

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

+1CC to Mr.Na.Palaniyandi, Advocate, SR.No. 86115 CRL.OP.(MD) No.15243 of 2017 09.11.2017 cmr AM/GT/SAR 2/24.11.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/