Raseen Yarsath v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.11493 of 2023 Raseen Yarsath ... Petitioner Vs.

1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent not to harass the petitioner's representation, dated 19.06.2023, except through due process of law. For Petitioners : Mr.S.Sathya Chidambaram For Respondents : Mr.B.Nambiselvan for R1 Additional Public Prosecutor O RDER This criminal original petition has been filed to direct the 2nd respondent not to harass the petitioner's representation, dated 19.06.2023, except through due process of law.

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2.The counsel for the petitioner would submit that when similar complaint was given against the petitioner by unknown persons, he happened to approach this Court by filing Crl.O.P.(MD).No.10780 of 2022. During the course of the above said hearing, it was submitted by the Inspector of Police, that no complaint has been received against him so far. On that ground the above said petition was closed. The grievance of the petitioner is now that in spite of the above said closure, again and again, this petitioner has been summoned by the second respondent herein under the guise of enquiry.

3.But, however, the learned Additional Public Prosecutor would submit that a case in Crime No.311 of 2011 was registered under Sections 457 and 380 of IPC and still it is pending. During the course of investigation, it was found that the petitioner was in possession of the properties, which alleged to have been stolen in the crime. On the sole ground, the above said summon was issued for investigation purpose. Except that no harassment was made against the petitioner. 4.In view of the above, this Court is of the considered view that instead of appearing before the respondent police for the enquiry, he has 2/4

straight away filed this petition. When the petitioner has been suspected in the above said crime, it is the duty for the petitioner to co-operate with the respondent police to complete the process of enquiry. During the course of enquiry, if trouble arises, the petitioner can workout his remedy through appropriate proceedings. There is no question of harassment by the respondent police, now.

5.With the above said directions, this criminal original petition stands dismissed.

27.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No TM To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District.

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

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G.ILANGOVAN. J.

TM Crl.O.P.(MD) No.11493 of 2023 27.06.2023 4/4