Madras High CourtCRL OP(MD)/9896/2020disposed of

Felix Mohan v. The Superintendent Of Police

2020-09-17Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.9896 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.9896 of 2020 Felix Mohan ... Petitioner Vs.

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

2.The State represented by the Inspector of Police, Anju Gramam Police Station, Anju Gramam, Kanyakumari District.

3.Harvin Anto Francis Durai ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue a direction to direct the second respondent herein not to harass the petitioner without any case or complaint and with a view to humiliate the petitioner under the guise of enquiry or interrogation forthwith.

For Petitioner : Mr.S.Palani Velayutham For R-1 & R-2 : Mr.C.M.Ganesan Government Advocate (Criminal side)

O R D E R

This criminal original petition has been filed seeking a direction to direct the second respondent herein not to harass the petitioner without any case or complaint and with a view to humiliate the petitioner under the guise of enquiry or interrogation forthwith.

2.Today, when the petition is came up for hearing, the learned Government Advocate (Criminal side) appearing for the respondents 1 and 2, on instructions, would submit that in earlier based on a complaint given by the third respondent, the second respondent herein conducted an enquiry in C.S.R.No.675 of 2020. Thereafter , since the dispute between the petitioner and the third respondent is in the civil nature, the second respondent closed the enquiry and as of now, no enquiry is pending against the petitioner. The https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9896 of 2020 said submission made by the learned Government Advocate (Criminal side) is recorded.

3.It is made clear now that the complaint has been closed, the second respondent police shall not call the petitioner under the guise of enquiry and harass him.

4.With the above observations, this criminal original petition is closed.

Sd/- Assistant Registrar(CO) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg Note : In view of the present lock down owing to COVID19 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. tsg To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Anju Gramam Police Station, Anju Gramam, Kanyakumari District.

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

Order made in Crl.O.P.[MD]No.9896 of 2020 Dated 17.09.2020 MR(CO) TR(29.09.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2