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Madras High CourtCRL OP(MD)/6184/2024disposed of

V.Thiruppathi v. The Superintendent Of Police

2024-04-25Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) No.6184 of 2024 V.Thiruppathi

...Petitioner

Vs 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

2.The Inspector of Police, District Crime Branch, Madurai District.

3.The Inspector of Police, Kottampatti Police Station, Melur Taluk, Madurai District.

4.C.Vijayakumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the second respondent not to harass the petitioner under the guise of an enquiry without any complaint and by following the process of law by considering the representation given by the petitioner dated 12.04.2024.

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For Petitioner : Mr.C.Gangai Amaran For R1 to R3 : Mr.P.Kottai Chamy Government Advocate (Crl. Side) For R4 : M.Karunanidhi

O R D E R

The petitioner has approached this Court that the respondent police is harassing him under the guise of an enquiry.

2.The learned Government Advocate(Criminal side) submits that the respondents have conducted a petition enquiry as against this petitioner in C.No.48/G5/SI/DCB-II/MDU/2024 dated 18.03.2024. The respondent Police has issued summon to the petitioner for ascertaining the genuineness of the complaint. But the petitioner without appearing before the respondent police, has filed this petition seeking a direction not to harass him.

3.The learned Counsel for the petitioner submitted that the petitioner has not received any summons. In the event, if any summons has been 2/5

issued, the petitioner would have appeared before the respondent police and he would have co-operated for the trial.

4.Considering the rival submissions made and also considering the nature of allegation, this Court is directing the petitioner to appear before the respondent police and the respondent police shall conduct an enquiry. If any criminal case is made out, the respondent police shall register a case against the petitioner. The respondent police shall not harass the petitioner until the FIR is registered.

5.With the above said direction, this Criminal Original Petition is disposed of.

25.04.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No jbr 3/5

To 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

2.The Inspector of Police, District Crime Branch, Madurai District.

3.The Inspector of Police, Kottampatti Police Station, Melur Taluk, Madurai District.

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

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B.PUGALENDHI , J.

jbr CRL.O.P (MD) No.6184 of 2024 25.04.2024 5/5