Madras High CourtCRL OP(MD)/2873/2017disposed of

K.Sundharamoorthy v. The Commissioner Of Police

2017-03-15Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.2873 of 2017 K.Sundharamoorthy : Petitioner Vs.

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

2.The Inspector of Police, K.K.Nagar Police Station (Law & Order), Trichy.

: Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the second respondent not to harass the petitioner under the guise of enquiry.

For Petitioner : Mr.A.Chandrakumar For Respondents : Mr.A.P.Balasubramani, Government Advocate (Crl.side)

O R D E R

This petition has been filed to direct the second respondent not to harass the petitioner on the guise of inquiry.

2. Heard the learned counsel for the petitioner; learned Government Advocate (Criminal side) appearing for the respondents and perused the materials placed on record.

3. Mr.M.Sivasamy, Special Sub-Inspector of Police, K.K.Nagar Police Station, Trichy City, is present in Court today. On instructions, the learned Government Advocate (Criminal side) submitted that one Poomalai had lodged a private complaint in Cr.M.P.No.1837 of 2017 before the learned Judicial Magistrate No.2, Trichy, and the learned Magistrate has passed orders under Section 156(3) of the Code of Criminal Procedure, directing the second respondent police to investigate the case. Therefore, the second respondent police is calling upon the petitioner to appear for enquiry.

4. In the light of the above, the petitioner is directed to participate in the enquiry and during enquiry, he shall not be harassed. During the course of enquiry, if any cognizable offence is made out, the second respondent is free to register an FIR and this https://hcservices.ecourts.gov.in/hcservices/ order shall not be a shield for the petitioner against arrest.

5. With the above direction, this petition is closed. Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar SML To 1.The Commissioner of Police, Trichy City, Trichy.

2.The Inspector of Police, K.K.Nagar Police Station (Law & Order), Trichy.

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

AM SV MMS 24/03/2017 2P:4C Order made in CRL.O.P.(MD)No.2873 of 2017 Dated:- 15.03.2017 https://hcservices.ecourts.gov.in/hcservices/