Madras High CourtCRL OP(MD)/16252/2016disposed of

Vadivelu, S/O.Balusamy, v. The Superintendent Of Police,

2016-09-01Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.16252 of 2016 Vadivelu .. Petitioner Vs.

1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police Nainarkovil Police Station Ramanathapuram District .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the 2nd respondent herein not to harass the petitioner in any manner except due process of law. For Petitioner : Mr.S.Kameswaran For respondents : Mr.A.P.Balasubramani Government Advocate (Criminal side)

ORDER

It is a petition seeking a direction to the 2nd respondent herein not to harass the petitioner in any manner except by following due process of law.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side).

3. The learned counsel for the petitioner would submit that earlier a complaint has been laid against the petitioner, during which, enquiry was conducted and closed and for the same set of facts, the 2nd complaint has been given, which amounts to double jeopardy.

4. The learned Government Advocate (Crl. Side), on instructions, would submit that with the same set of facts, the 2nd complaint has been given and the earlier complaint has been closed. He would further submit that if there are additional facts in the second complaint, the petitioner will be called for enquiry only on issuance of summons, specifying the date, time and place.

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5. In view of the submission made by the learned Government Advocate (Crl. Side), this petition is closed. Sd/- Assistant Registrar(CS I) /True copy/ Sub AssistantRegistrar To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police Nainarkovil Police Station Ramanathapuram District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.S.Kameswaran, Advocate SR.No.49554 RR sm:SKS-RR:19.9.2016:2P/5C Crl.O.P(MD)No.16252 of 2016 https://hcservices.ecourts.gov.in/hcservices/