Madras High CourtCRL OP(MD)/8699/2021disposed of

Johnson v. The Superintendent Of Police

2021-08-02Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8699 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8699 of 2021 1.Johnson 2.Josephine Babina 3.Nimrothson 4.Antony Nickalson ... Petitioners Vs.

1.The Superintendent of Police, Kanyakumari District, At Nagercoil.

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

3.The Inspector of Police, District Crime Branch, Kanyakumari District.

4.Salet Mary 5.Jude ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 to 3 not to harass the petitioners under the guise of enquiry in the nature of civil dispute except following the due processes of law. For Petitioners : Mr.Mohan.A For Respondents 1 to 3 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

This petition is filed seeking a direction to the respondents 1 to 3 not to harass the petitioners under the guise of enquiry on the basis of the complaint given by the fourth respondent. 2.The learned Additional Public Prosecutor submitted that based on the complaint given by the defacto complainant, enquiry was conducted and it was closed in C.S.R.No.136 of 2021 dated https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8699 of 2021 15.03.2021. During the course of the enquiry, the petitioners appeared before the enquiry officer and gave a statement to the effect that they will workout their remedy before appropriate Civil Court. On that basis, the complaint was closed. He further submitted that no further complainant is received by the third respondent from the private respondents.

3.Since no other complaint is received by the third respondent from the private respondents, the question of harassment does not arise.

4.Recording the submission of the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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 Superintendent of Police, Kanyakumari District, At Nagercoil.

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

3.The Inspector of Police, District Crime Branch, Kanyakumari District.

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

Crl.O.P.(MD)No.8699 of 2021 02.08.2021 MGJ(11.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2