Madras High CourtCRL OP(MD)/10908/2021disposed of

Sethupathy @ Sethuraman v. The Commissioner Of Police

2021-10-22Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD) No.10908 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.10908 of 2021 Sethupathy @ Sethuraman ... Petitioner Vs.

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

2.The Inspector of Police, E1, K.Pudur Police Station, [Crime], Madurai.

3.Karpagam ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent not to harass the petitioner on the basis of the complaint given by one Karpagam. For Petitioner : Mr.S.Sundarapandian For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This petition is filed seeking direction to the 2nd respondent not to harass the petitioner under the guise of enquiry, on the basis of the complaint given by the 3rd respondent herein. 2.When the matter was taken up for hearing on 09.08.2021, the learned Additional Public Prosecutor has submitted that only the complaint given by this petitioner is pending and no more complaint was registered. However, it is seen that based upon the complaint given by the 3rd respondent, a case in Crime No.1852 of 2020 for the offences punishable under Sections 294(b), 406, 420 and 506 (i) of IPC has been registered against 3 persons, among which, this petitioner has been arrayed as 1st accused.

3.Since a case has been registered against this petitioner, he can workout his remedy before the appropriate Court through appropriate proceedings.

4.The learned counsel for the petitioner would submit that even after the aforesaid registration of the FIR, second complaint has been given by the 3rd respondent herein and now, it is pending. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.10908 of 2021 5.However, the learned Additional Public Prosecutor would submit that no such complaint has been given by the 3rd respondent and no enquiry is also pending against the petitioner except the representation made by him.

6.The learned counsel for the petitioner would submit that the matter can be closed by recording the submission of the learned Additional Public Prosecutor.

7.Since no harassment has been made by the 2nd respondent at the instance of the 3rd respondent for the second time, I find that this matter has now become infructuous.

8.As such, this petition stands disposed of as infructuous. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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 Inspector of Police, E1, K.Pudur Police Station, [Crime], Madurai.

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

Crl.O.P.(MD)No.10908 of 2021 22.10.2021 NSN(CO) GC/UV(09.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2