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Madras High CourtCRL OP(MD)/11880/2021disposed of

Kadavul v. The Superintendent Of Police

2021-10-01Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.11880 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01/10/2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.11880 of 2021 Mr.Kadavul ... Petitioner vs.

1. The Superintendent of Police, Theni District.

2. The Deputy Superintendent of Police, District Crime Branch, Theni District.

3. The Inspector of Police, Theni Police Station, Theni District.

4. Pradeep ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondent police not to harass the petitioner and his family members under the guise of enquiry without following due process of law.

For Petitioner : Ms.R.Karthika for M/s.Right Law Associates For Respondents : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor, for R1 to R3.

Mr.R.Gandhi, for R4.

O R D E R

This petition has been filed to direct the respondents not to harass the petitioner and his family members under the guise of enquiry on the basis of the complaint given by the fourth respondent herein.

2.The learned counsel for the petitioner would submit that on the basis of complaint given by one Pradeep, the respondent police has registered the case in Crime No.796 of 2021 for the offences under Sections 467, 468, 471, 420 of IPC against the petitioners. He would further submit that the respondent police repeatedly calling the petitioner for enquiry without issuing any notice. 3.The learned Additional Public Prosecutor would submit that except for the investigation purpose, the petitioner was not called by the investigating officer, for any other purpose. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.11880 of 2021 4.Considering the facts and circumstances of this case, this Court feels on the basis of submission of learned Additional Public Prosecutor that the respondents have not made any harassment under the guise of enquiry against the petitioner. Hence, this Court directs the petitioner to cooperate with the enquiry. Further, a liberty is granted to the petitioner to workout his remedy in the manner known to law.

5. With the above directions, this Criminal Original Petition is disposed of .

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm 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, Theni District.

2. The Deputy Superintendent of Police, District Crime Branch, Theni District.

3. The Inspector of Police, Theni Police Station, Theni District.

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

+1 CC to M/s.RIGHT LAW ASSOCIATES, Advocate ( SR-31071[F] dated 04/10/2021 ) Crl.O.P.(MD)No.11880 of 2021 01.10.2021 MGJ(17.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2