T.Sumith Joseph v. The Inspector Of Police

Crl.O.P.(MD)No.6396 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.O.P.(MD)No.6396 of 2020 T.Sumith Joseph ... Petitioner versus The Inspector of Police, Thattarmadam Police Station, Thoothukudi.

... Respondent Criminal Original Petition filed under Section 482 of Criminal Procedure Code, seeking to direct the respondent not to harass the petitioner and his family members under the guise of enquiry without due process of law.

For Petitioner :M/s.D.Rameshkumar For Respondent :Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction against the respondent Police not to harass the petitioner and his family members under the guise of enquiry.

2. Learned counsel for the petitioner submits that since the petitioner is implicated in a case where the Police was assaulted, a history sheet was pending against him in H.S.No.82 of 2017. Since then, the respondent Police is harassing him and called him under the guise of enquiry.

3. Learned Additional Public Prosecutor, on instructions, submits that the petitioner is a history-sheeter and the history sheet was open in the year 2017 in H.S.No.82 of 2017. That apart, a proceedings under Section 107 Cr.P.C. is also initiated against this petitioner very recently and for serving the summons in the proceedings initiated under Section 107 Cr.P.C., this petitioner was called to the Police Station.

But, the petitioner under misconception has filed this petition.

4. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor.

https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.6396 of 2020

5. If really, the intention of the respondent Police is to serve the summons for the proceedings initiated under Section 107 Cr.P.C., the respondent Police shall very well serve the notice on the petitioner in his residence. The petitioner need not be called to the Police Station for the purpose of serving summons.

6. With the above observation, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Inspector of Police, Thattarmadam Police Station, Thoothukudi.

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

Crl.O.P.(MD)No.6396 of 2020 19.06.2020 SPU (25.06.2020) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/4