Madras High CourtCRL OP(MD)/10349/2021dismissed for default

B.Rajesh Kanna v. The Deputy Superintendent Of Police

2021-09-23Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No10349 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23/09/2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.10349 of 2021 B.Rajesh Kanna ... Petitioner Vs.

1.The Deputy Superintendent of Police, Kumbakonam East Police Station Division, Thanjavur District.

2.The Inspector of Police, Kumbakonam East Police Station, Kumbakonam, Thanjavur District.

3.S.Rajesh Kannan, ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent not to harass the petitioner and his family members except according to due process of law. For Petitioner : Mr.V.Chandrapandi For R-1 & R2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

TThis petition is filed seeking direction not to harass the petitioner and the family members except under due process of law.

2. When the matter was taken up for hearing on 02.08.2021, the learned Additional Public Prosecutor submitted that based upon the complaint given by the third respondent enquiry was undertaken in CSR No. 277 of 2021 and direction was issued to the petitioner to appear before the Enquiry Officer and cooperate with him to complete the enquiry. For intimating the outcome of the enquiry the matter was adjourned to 24.8.2021. On that day the learned Additional Public Prosecutor submitted that based upon the enquiry there was undertaking in the preliminary stage.

The case was registered in crime No. 518 of 2021 against five named persons and two unnamed persons on 30.07.2021 under Sections 147, 294[b], 442, 342 ,506[i]. One among them is the petitioner herein. So the matter was listed today under the caption for dismissal since the case has been registered against the petitioner.

3. The learned counsel for the petitioner appeared through video. Since the case has been registered against the petitioner he https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No10349 of 2021 has to workout his remedy through appropriate proceedings and the question of harassment at the hands of the second respondent may not arise.

4. With the above said liberty this petition is dismissed as infructuous.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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 Deputy Superintendent of Police, Kumbakonam East Police Station Division, Thanjavur District.

2.The Inspector of Police, Kumbakonam East Police Station, Kumbakonam, Thanjavur District.

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

Crl.O.P.(MD)No.10349 of 2021 23.09.2021 NSN(CO) KB(01.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2