Madras High CourtCRL OP(MD)/13798/2021disposed of

Sethupandi v. The Commissioner Of Police

2021-09-17Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.13798 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.13798 of 2021 Sethupathi ... Petitioner Vs.

1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Keeradhurai Police Station, Keerathurai, Madurai City.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue a direction to the 2nd respondent police not to harass or ill-treat the petitioner on the basis of the petitioner's complaint dated 13.09.2021.

For Petitioner : Mr.R.Udhayakumar For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

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 representation dated 13.09.2021. 2.The case of the petitioner is that one murder case was registered against him in Crime No.650 of 2021 for the offences punishable under Sections 323 and 302 of IPC by the 2nd respondent herein. He is stated to be the eye witness to the aforesaid occurrence. But the 2nd respondent is pressurizing the petitioner to give a statement under Section 164 of Cr.P.C. and he was also produced before the concerned Magistrate. During the 164 statement, he has not given any evidence or statement in respect of the aforesaid crime stating that he was not present in the place of occurrence.

In spite of that, it has been stated that the 2nd respondent is pressurizing the petitioner to give statement. 3.The learned Government Advocate (Crl.side) appearing for the respondents would submit that the petitioner was present in the place of occurrence when the alleged murder took place. This petitioner along with the deceased and the accused had liquored and https://hcservices.ecourts.gov.

Crl.O.P.(MD)No.13798 of 2021 wordy quarrel arose between them and in pursuance of the same, the murder took place. However, there is no harassment at the hands of the 2nd respondent to compel this petitioner to be the witness for the aforesaid occurrence.

4.Recording the statement of the learned Government Advocate (Crl.side), this petition is disposed of with liberty to the petitioner if any trouble arises in future, he can workout his remedy before the appropriate Court through appropriate proceedings, but as a citizen, he has to cooperate with the Investigation Officer and share the information available with him. 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.

2.The Inspector of Police, Keeradhurai Police Station, Keerathurai, Madurai City.

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

Crl.O.P.(MD)No.13798 of 2021 17.09.2021 MGJ(27.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2