Madras High CourtCRL OP(MD)/19062/2018disposed of

A.Veeraiah, v. The Commissioner Of Police,

2018-10-26Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.19062 of 2018 A.Veeraiah ... Petitioner Vs.

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

2.The Inspector of Police,(L&O) Anna Nagar Police Station, Madurai-20.

3.Christina Madhankumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to issue a direction to the respondent Nos.1 and 2 not to harass the petitioner under the guise of enquiry. For Petitioner :Mr.P.Gunasekaran For R1 & R2 :Mr.R.Anandharaj Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to issue a direction to the respondent Nos.1 and 2 not to harass the petitioner under the guise of enquiry.

2.The learned counsel appearing for the petitioner would submit that the respondent Police already called the petitioner for an enquiry based on the earlier complaint given by the de-facto complainant. After enquiry, the complaint was also closed. The learned counsel appearing for the petitioner would further submit that this is the fourth complaint which has been given on the very same ground.

3.The respondent Police is directed not to harass the petitioner. If the respondent Police is satisfied that cognizable offence is made out, they have to proceed in accordance with law as per the judgment of the Hon'ble Supreme Court in Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353. The respondent Police cannot call the petitioner for enquiry on repeated complaints given against the petitioner.

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4.This Criminal Original Petition is disposed of with the above directions.

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

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

2. The Inspector of Police(L&O) Anna Nagar Police Station, Madurai-20.

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

+1cc to M/S.S.P.Gunasekaran,Advocate, SR.NO.92684 tsg SS/SKN/SAR 1/29.11.2018/2P/5C Crl.O.P.(MD).No.19062 of 2018 26.10.2018 https://hcservices.ecourts.gov.in/hcservices/