Madras High CourtCRL OP(MD)/17521/2021disposed of

Augastin v. The Superintendent Of Police

2021-11-15Honourable Mr Justice G.R.Swaminathan2 pages

1 Crl.O.P.(MD)No.17521 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.17521 of 2021 Augastin ... Petitioner/ Defacto Complainant Vs.

1. The Superintendent of Police, O/o. The Superintendent of Police, Tirunelveli District.

2. The Additional Superintendent of Police, Nanguneri Sub Division, Tirunelveli District.

3. The Inspector of Police, Kalakkad police station, Tirunelveli District.

(Crime No.400 of 2021) ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct the third respondent to not to harass the petitioner to withdraw the case in Crime No.400 of 2021 on the file of the third respondent police under the guise of conducting the investigation.

For Petitioner : Mr.R.L.Dhilipan Pandian For Respondents : Mr.Veeranthiran, Government Advocate.

O R D E R

Heard the learned counsel on either side.

2. The petitioner is the defacto complainant in Crime No.400 of 2021 registered on the file of the third respondent for the offence under Sections 294(b), 323 and 506(1) of I.P.C.

3. The petitioner alleges that he is being threatened by one police officer attached to the third respondent station to withdraw the said complaint. Hence, to forbear the respondents from doing so, this criminal original petition came to be filed.

4. When the matter was taken up for hearing, the learned Government Advocate on instructions categorically stated that the petitioner is not under any obligation to withdraw the complaint. https://hcservices.ecourts.gov.in/hcservices/

2 Crl.O.P.(MD)No.17521 of 2021 He would also state that it is open to the petitioner to pursue the complaint.

5. Recording the said submission, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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, Tirunelveli District.

2. The Additional Superintendent of Police, Nanguneri Sub Division, Tirunelveli District.

3. The Inspector of Police, Kalakkad police station, Tirunelveli District.

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

Crl.O.P.(MD)No.17521 of 2021 15.11.2021 PS(CO) SB(30.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/