Madras High CourtCRL OP(MD)/17026/2021disposed of

Rethish Kumar v. The Inspector Of Police

2021-11-02Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.17026 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.17026 of 2021 Rethish Kumar ... Petitioner Vs.

1.State rep. by The Inspector of Police, Thiruthangal Police Station, Viruthunagar District.

2.Kalaiyarasi ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent herein not to harass the petitioner under the guise of enquiry on the complaint lodged by the second respondent herein.

For Petitioner : Mr.R.Ilayaraja For R-1 : Mr.RMS.Sethuraman Additional Public Prosecutor

O R D E R

This petition is filed seeking direction to the first respondent not to harass the petitioner based upon the complaint given by the second respondent herein.

2. The case of the petitioner is that he is Driver by profession and the second respondent by name Kalaiyarasi found missing from 30.09.2021. So a complaint has been lodged and H.C.P.No.1398 of 2021 has also been filed and her daughter was also produced before this Court and she gave a statement that she has went out on her own volition. Based upon the statement given by the victim, that petition was closed on 29.09.2021. After closure of Habeas Corpus Petition, according to the learned counsel for the petitioner, the first respondent is harassing the petitioner.

3. The learned Additional Public Prosecutor would submit that the case in Crime No.437 of 2021 has been altered into Sections 363 IPC and Sections 5(1) and 6 of POCSO Act in which the petitioner is arrayed as accused.

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Crl.O.P.(MD)No.17026 of 2021

4. Since the case has been registered against the petitioner, he has to work out his remedy through appropriate proceedings. The question of harassment may not exist.

5. With the abovesaid liberty, this petition stands disposed of as infructuous.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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 Inspector of Police, Thiruthangal Police Station, Viruthunagar District.

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

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