Vijayakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.8781 of 2017 Vijayakumar : Petitioner -Vs1. The State of Tamilnadu, rep. through the Inspector of Police, Anjugramam Police Station, Kanyakumari District.

2. The Inspector of Police, Suseendram Police Station, Kanyakumari District.

3. Ambika : Respondents No.1 to 3 PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code to directing the respondents No.1 & 2 not to harass the petitioner on the basis of the alleged complaint given by one Ambika, D/o.Sundarajan dated not known.

For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents 1 and 2 : Mr.K.Anbarasan Government Advocate(Crl.Side)

O R D E R

This Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, seeking a direction to the respondents No.1 & 2 not to harass the petitioner on the basis of the alleged complaint given by the one Ambika, D/o.Sundarajan. 2.The learned counsel for the petitioner submitted that the petitioner is a Software Engineer presently working at Chennai. It appears that the third respondent has given a complaint against the petitioner, since there is some family dispute between the petitioner and third respondent. However, though the second respondent has no jurisdiction allegedly harassing the petitioner under the guise of enquiry.

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

3.The learned counsel for the petitioner further submitted that the second respondent has no jurisdiction and therefore there may be a direction to the second respondent not to harass the petitioner.

4.The learned Government Advocate (Crl.Side), on instructions would submit that no complaint has been received by the second respondent against the petitioner and therefore there is no enquiry, no harassment as alleged.

5.In the said circumstances, the statement of the learned Government Advocate (Crl.side) that there was no complaint received as against the petitioner is recorded. Even if there is a complaint, it is only the jurisdiction police, namely, the first respondent who may entertain and enquire the complaint. 6.Further it was specifically undertaken by the learned Government Advocate (Crl.Side) that the petitioner will be called for enquiry only, if it is required after issuing summons giving the date, time and place and in the the manner authorised by law.

7. Recording the said undertaking this Criminal Original Petition is closed.

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

1. The Inspector of Police, Anjugramam Police Station, Kanyakumari District.

2. The Inspector of Police, Suseendram Police Station, Kanyakumari District.

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

+ 1 CC TO Mr.P.M.VISHNUVARTHANAN, ADVOCATE IN SR No. 64749 DAS/PJL PSM/MR-KKR/SAR-II : 21/07/2017 : 2P/5C CRL.O.P.(MD)No.8781 of 2017 12.07.2017 https://hcservices.ecourts.gov.in/hcservices/