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Madras High CourtCRL OP(MD)/8533/2020disposed of

Ramar v. The Commissioner Of Police

2020-08-18Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.8533 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.8533 of 2020 1.Ramar 2.Sasikumar ... Petitioners Vs.

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

2.The Assistnat Commissioner of Police, Thallakulam, Madurai District.

3.The Inspector of Police, K.Pudhur Police Station, Madurai District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the third respondent not to harass the petitioners based on the enquiry.

For Petitioner : Mr.C.Thiruppathi For Respondents : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate

O R D E R

This Criminal Original Petition has been filed seeking a direction to direct the third respondent not to harass the petitioners under the guise of enquiry.

2.The learned counsel for the petitioners would submit that the petitioners are the accused in Crime No.242 of 2020 on the file of the respondent police in which they were granted with bail. In the said circumstances, under the guise of enquiry, the respondent police repeatedly called the petitioners and made to wait till the entire day.

3.On the other hand, the learned Government Advocate appearing for the respondents, on instructions, would submit that apart from the case registered in Crime No. 242 of 2020 as against the accused, now the petitioners are facing proceedings under Section 107 Cr.P.C., before the Sub Divisional Magistrate. He would further submit that the investigation in Crime No.242 of 2020 has not been completed.

4.Upon considering the arguments advanced by either side, it is not in dispute that once a regular First Information Report has https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8533 of 2020 been registered, the question of 'not to harass' will not arise. Hence, if any direction is issued at this stage, it will amount to interfere with the investigation conducted by the respondent police. However, it is the duty of the Police Officer to call the petitioners only for the purpose of interrogation. But in this case, the petitioners made allegations against the police officer for detaining him without any reasons. Therefore, it would appropriate to give some directions to the respondent police to complete the investigation within a stipulated period. Accordingly, the second respondent is directed to complete the investigation in Crime No.242 of 2020 as early as possible preferably within a period of two months from the date of receipt of a copy of this order. 5.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Deputy Registrar (LA&M) // True Copy // / /2020 Sub Assistant Registrar(CS) cp 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 Commissioner of Police, Madurai City, Madurai.

2. The Assistnat Commissioner of Police, Thallakulam, Madurai District.

3. The Inspector of Police, K.Pudhur Police Station, Madurai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.8533 of 2020 18.08.2020 CS (01.09.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2