M.Manikandan v. The Deputy Superintendent Of Police

Crl.O.P.(MD)No.11732 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.11732 of 2021 M.Manikandan ... Petitioner Vs.

1.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District.

3.Vincent Raja

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent police not to harass the petitioner in the guise of enquiry.

For Petitioner : Mr.V.Thirumal For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor.

O R D E R

This petition has been filed to direct the second respondent police not to harass the petitioner in the guise of enquiry. 2.On the earlier occasion, the petitioner's wife has filed in Crl.O.P(MD).No.11732 of 2021 seeking for the very same relief, on the submission made by the learned Additional Public Prosecutor, the above Criminal Original Petition was closed on 02.08.2021 with observation that no harassment was made by the respondent police. Now it is the turn of the husband to file this petition. 3.The learned counsel for the petitioner would submit that the petitioner's wife was admitted in the hospital for delivery and 11.08.2021 a female child was born. In these circumstances, the second respondent repeatedly calling the petitioner for enquiry without issuing any notice.

4.The learned Additional Public Prosecutor submitted that except for the investigation purpose, the petitioner was not called by the investigating officer.

5.Considering the facts and circumstances of this case, this https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.11732 of 2021 Court feels that the second respondent has not made any harassment under the guise of enquiry against the petitioner. Since the defacto complainant's car was torched, only to identify the accused, this petitioner was enquired. That cannot be termed as harassment. The petition filed by the wife was dismissed on that ground only. This Court is of the view that the Criminal Original Petition is devoid of merits and the same is liable to be dismissed. Accordingly, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) tta 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, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District.

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

Crl.O.P.(MD)No.11732 of 2021 18.08.2021 RD(31.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2