K.Vetri v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN K.Vetri ... Petitioner Vs.

1.The Commissioner of Police, Madurai District.

2.The Inspector of Police, S.S.Colony Police Station, Madurai District.

3.The Inspector of Police, C.B.C.I.D. Wing, Madurai District.

4.G.Srinivas ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the third respondent not to harass him in the guise of inquiry.

For Petitioner : Mr.N.Balasubramanian For Respondents : Mr.A.Albert James Government Advocate (Crl. side) for R1 to R3 O R D E R This Criminal Original Petition has been filed to direct the third respondent not to harass the petitioner in the guise of inquiry. 1/5

2.The respondent police is present, in person, before this Court and according to the him, the petitioner was also involved in similar offence on the earlier occasion and was convicted in C.C.No.155 of 2003 on the file of the learned Judicial Magistrate No.1, Thiruvallur, against which, he had also filed an appeal, that was dismissed. Over the said dismissal of appeal, again he has preferred a criminal revision case in Crl.R.C. (MD)No.337 of 2014 before the Principal Seat of Madras High Court, noting that the petitioner is failed to appear, the respondent, namely, District Crime Branch, Thiruvallur has directed to secure the petitioner. But still the petitioner is absconding.

But however, he filed this petition on the ground that his name is not mentioned in the FIR and on the basis of summons, he appeared once and later, he was ill-treated, over which, the present petition has been filed.

3.The bad antecedents of the petitioner shows that he is not having good conduct, he is already suffered a conviction and sentence and failed to appear before the Court, the question of harassment may not arise. 2/5

4.In the facts and circumstances of the case shows this petition is a clear case of abuse of process of the Court. The petition deserves to be dismissed.

5.Accordingly, this Criminal Original Petition is dismissed. 09.09.2022 Index : Yes/No Internet : Yes/No sji 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 District.

2.The Inspector of Police, S.S.Colony Police Station, Madurai District.

3.The Inspector of Police, C.B.C.I.D. Wing, Madurai District.

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

3/5

4/5

G.ILANGOVAN. J.

sji/pnn 09.09.2022 5/5