Madras High CourtCRL OP(MD)/14940/2021disposed of

Sahul Hameed v. The Superintendent Of Police

2021-10-04Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.14940 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2021 CORAM :

THE HONOURABLE Mr.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.14940 of 2021 Sahul Hameed ... Petitioner Vs.

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

2.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

3.Karuppasamy ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent not to harass the petitioner under the guise of enquiry on the basis of the petitioner's representation dated 27.09.2021. For Petitioner : Mr.M.Sankar For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition is filed seeking direction to the second respondent not to harass the petitioner under the guise of enquiry on the basis of the petitioner's representation dated 27.09.2021. 2.The learned counsel appearing for the petitioner would submit that on 11.08.2021, the third respondent has given a complaint to the second respondent that some of his jewels were stolen by some unknown persons, based on the complaint given by the third respondent, the petitioner is called for enquiry and he attended the enquiry and gave statement to the effect that he is not involved in the above said occurrence. Inspite of that, there is continuous trouble. Hence, this petition.

3.The learned Additional Public Prosecutor would submit that based upon the complaint given by the third respondent herein, enquiry was undertaken in CSR No.373 of 2021 and during the course of enquiry, this petitioner appeared before the enquiry officer and made a statement that he has not involved in the above said occurrence. He would further submit that the complainant, namely the third respondent herein did not co-operate with the enquiry, inspite https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14940 of 2021 of repeated summons and on that ground, it was closed on 27.09.2021.

4.Since the complaint given by the third respondent was closed due to non co-operation of the third respondent, question of continuous harassment at the hands of the second respondent may not exist.

5.Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of as infructuous.

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

2.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

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

Crl.O.P.(MD)No.14940 of 2021 04.10.2021 NSN(CO)/RS (18.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2