Madras High CourtCRL OP(MD)/18891/2021disposed of

A.Ayyavoo v. The Superintendent Of Police

2021-12-01Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.18891 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18891 of 2021 A.Ayyavoo ... Petitioner Vs.

1. The Superintendent of Police, Madurai - 625 007.

2. The Deputy Superintendent of Police, Madurai - 625 007.

3. The Inspector of Police, Othakadai Police Station, Madurai - 625 107.

... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents not to harass the petitioner and his family members without any legally sustainable complaint. For Petitioner : Mr.J.N.Mohamed Salman Yusuf For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side).

O R D E R

The petitioner alleges harassment at the hands of the respondent police. To forbear them from doing so, this criminal original petition has been filed.

2.The petitioner's counsel pointed out that the petitioner was implicated in Crime No.641 of 2015 and to quash the same, he filed Crl.O.P.(MD)No.3967 of 2016. By order dated 07.02.2020, this Court had direct the respondent police to file the final report dropping further action as regards the petitioner and two others. The grievance of the petitioner is that notwithstanding the said order, he is being repeatedly summoned and harassed in the guise of enquiry.

3.The learned Government Advocate (Crl. Side) submitted that FIR was not quashed in toto. The respondent police will have to file the final report against the other accused. Since the petitioner is acquainted with the offence in his capacity as a https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.18891 of 2021 witness, certain details are to be gathered from him. It is for that reason, the respondent wants to enquire petitioner. No exception can be taken to the aforesaid request made by the learned Government Advocate (Crl. Side).

4.The petitioner is directed to appear before the second respondent on 03.12.2021 at 11.00 am. The second respondent will enquire the petitioner and thereafter leave him. I make it clear that the petitioner cannot be harassed by repeatedly summoning him in the guise of enquiry.

5.The criminal original petition is disposed of with the aforesaid direction.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Madurai - 625 007.

2. The Deputy Superintendent of Police, Madurai - 625 007.

3. The Inspector of Police, Othakadai Police Station, Madurai - 625 107.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

Crl.O.P(MD)No.18891 of 2021 01.12.2021 USK (02.12.2021) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2