Madras High CourtCRL OP(MD)/17099/2021dismissed

K.Ramachandran v. The Superintendent Of Police

2021-11-02Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2021

CORAM:

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

1.The Superintendent of Police, O/o. The Superintendent of Police, 2.The Deputy Superintendent of Police, O/o. Deputy of Superintendent of Police, Alangulam Taluk, 3.The Inspector of Police, O/o. Paavoorchattiram Police Station, ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 & 2 to direct the third respondent not to harass the petitioner and not to call him for enquiry without serving notice under Section 41A of Cr.P.C. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

O R D E R

This petition is filed seeking direction to the respondents 1 and 2 not to harass the petitioner under the guise of enquiry.

2. When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that based upon the complaint given by one Kasipandiyan case in Crime No.406 of 2021 for the offences under Sections 420, 423, 468, 471 and 506(i) IPC was registered against 4 persons.

3. According to the learned counsel for the petitioner, the petitioner is no way involved in the above said crime and he was 1/3

only a document writer.

4. The learned Additional Public Prosecutor would submit that the petitioner is arrayed as accused and for the purpose of investigation, he has been called for investigation and for recording statement.

5. The learned counsel for the petitioner would submit that compromise has been reached between the defacto complainant and other accused persons and they are going to file compromise memo.

6. Be that as it may, stalling of investigation process by filing petition cannot be entertained and when investigation has been undertaken, it is the duty of the petitioner to cooperate with the Enquiry Officer for the purpose of completing the investigation. During the course of investigation, the petitioner can put forth information available with him by attending the enquiry.

7. This petitioner has been filed which is premature and cannot be entertained.

8. With the above observations, this petition is dismissed. Sd/- Assistant Registrar (CRL) // 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 Superintendent of Police, O/o. The Superintendent of Police, 2.The Deputy Superintendent of Police, O/o. Deputy of Superintendent of Police, Alangulam Taluk, 2/3

3.The Inspector of Police, O/o. Paavoorchattiram Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-33546[F] dated 02/11/2021 ) 02.11.2021 RD(01.12.2021) 3P 6C 3/3