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Madras High CourtCRL OP(MD)/17967/2017dismissed

M.Karthick, v. The Commissioner Of Police,

2018-01-03Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.17967 of 2017 1.M.Karthick 2.A.Mohamed ... Petitioners -Vs1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, Annanagar Police Station, Madurai.

... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent not to harass the petitioners.

For Petitioners :

Mr.R.Venkatesan For Respondents :

Mr.K.Anbarasan, Government Advocate(Crl.side).

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O R D E R

This petition has been filed by the petitioners to direct the second respondent not to harass the petitioners. 2.The learned counsel for the petitioners submitted that the petitioners are running a mobile shop at 47, Meenakshi Bazar, Madurai. He further submitted that the petitioners have not committed any offence, but the second respondent has frequently contacted the petitioners over phone and calling upon them to attend the police station. He further submitted that if the petitioners appeared before the police station, they would be subjected to harassment.

3.The learned Government Advocate submitted that based on the complaint given by one Kannan, the First Information Report has been registered in Cr.No.1749 of 2017, for an offence under https://hcservices.ecourts.gov.in/hcservices/

Section 392 of IPC. He further submitted that on 07.10.2017, at about 04.00 a.m., three persons came in a motorcycle and snatched a mobile phone from the defacto complainant. After registering the case, during the investigation, it was found that the said mobile phone was sold to the petitioners and the said mobile phone has also been recovered. He further submitted that the petitioners have stated that they have purchased the said mobile phone from the unidentified person and hence, for securing the real culprits, the petitioners have to be enquired and for that purpose they should appear before the second respondent. 4.Considering the submissions made by both sides, the petitioners are directed to appear before the second respondent for the purpose of enquiry and they should co-operate for investigation. When the petitioners appear before the second respondent, they should not be subjected to harassment. 5.With the above directions, this criminal original petition is disposed of .

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

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

2. The Inspector of Police, Annanagar Police Station, Madurai.

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

+ 1 cc TO Mr.R.Venkatesan , Advocate in SR No. 40199 rmk AE/MR/SAR2/18.01.2018/2P/5C Crl.O.P.(MD) No. 17967 of 2017 03.01.2018 https://hcservices.ecourts.gov.in/hcservices/