Madras High CourtCRL OP(MD)/6206/2021disposed of

Karthik v. The Superintendent Of Police

2021-06-28Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.6206 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.6206 of 2021 Karthik ... Petitioner Vs.

1.The Superintendant of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Sattur Town Police Station, Virudhunagar District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to direct the respondent not to harass the petitioner under the guise of enquiry, invoking Section 110 of the Code of Criminal Procedure.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This petition is filed to direct the respondent not to harass the petitioner under the guise of enquiry, by invoking Section 110 of the Code of Criminal Procedure.

2. The case of the petitioner is that he is alleged to have involved in Crime No.573 of 2016 registered under Sections 147, 148, 302 and 201 of IPC, in which totally 10 persons are charge sheeted and except this matter, no other case is pending against him. He is also searching for a Government Job. The second respondent, through a telephone call, directed him to appear before him for enquiry under Section 110 of the Code of Criminal Procedure.

3. According to the learned counsel for the petitioner, before issuing notice under Section 110 of the Code of Criminal Procedure, proceedings under Section 111 of the Code of Criminal Procedure has to be followed and on that ground he seeks a direction.

4. When the matter came up for hearing, the learned Additional Public Prosecutor submitted that there was a proposal to initiate proceedings under Section 110 of the Code of Criminal Procedure, due to election, which was scheduled to be held during May 2021. The election is also over. No petition is pending against the petitioner and the respondents are not going to initiate any https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6206 of 2021 proceedings against this petitioner and if any proceedings is initiated, he can move the appropriate Court for appropriate remedy.

5. Since, no proceedings is pending against the petitioner, at this stage, the question of harassment does not arise. Recording the submissions of the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendant of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Sattur Town Police Station, Virudhunagar District.

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

Crl.O.P.(MD)No.6206 of 2021 28.06.2021 KB(05.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2