Madras High CourtCRL OP(MD)/23392/2016disposed of

Gunasekaran v. The Superintendent Of Police,

2018-07-23Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.OP.(MD) No.23392 of 2016 Gunasekaran ... Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent, Theni, Theni District.

2. The Inspector of Police, Central Crime Branch, Office of the Superintendent of Police, Theni, Theni District.

3.P.Murugan ... Respondents PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent not to harass the petitioner by way of interfering in the civil dispute. For Petitioner : Mr.D.Senthil For R.1 & R.2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)

ORDER

The Criminal Original Petition is filed to direct the second respondent not to harass the petitioner under the guise of enquiry.

2. Heard the learned Counsel appearing for the respective parties.

3. The learned Government Advocate (Crl. side) would submit that based on the complaint preferred by the third respondent, enquiry was conducted and the same was closed temporarily, as action dropped, due to lack of correct address particulars of proposed accused nos.1 to 3. He would further submit that the petitioner herein, who is the proposed fourth accused, has agreed to appear for enquiry, as and when required, before the official respondents. However, due to lack of correct address particulars and taking note of the Special Sub-Inspector's report that the proposed accused nos.1 to 3, who are main accused, are nontraceable, the complaint was temporarily closed and therefore, the official respondents are not harassing the petitioner, as alleged. https://hcservices.ecourts.gov.in/hcservices/

4. Recording the said submission, this Criminal Original Petition is dismissed, with a direction to the official respondents not to harass the petitioner and if they want to enquire the petitioner, the same shall be done by issuing summons in the manner known to law.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Office of the Superintendent, Theni, Theni District.

2. The Inspector of Police, Central Crime Branch, Office of the Superintendent of Police, Theni, Theni District.

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

+1cc to Mr.D.Senthil, Advocate SR.No.74649 GK MK/MMS/SAR 4/01.08.2018/2P/5C CRL.OP.(MD) No.23392 of 2016 23.07.2018 https://hcservices.ecourts.gov.in/hcservices/