Justin Raj v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.15916 of 2023 Justin Raj ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari, Kanyakumari District.

2.The Sub-Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

3.Alphonse Purattan ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent not to harass the petitioner under the guise of enquiry.

For Petitioner : Mr.S.Veeranasamy For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) 1/5

O R D E R This Criminal Original Petition is filed seeking for a direction to the second respondent Police not to harass the petitioner under the guise of enquiry.

2. It is submitted by the learned counsel appearing for the petitioner that there are disputes between the petitioner and the respondent No.3 and basing on a false complaint given by the third respondent, the respondents Police have been harassing the petitioner and interfering in the civil disputes.

3. The learned Government Advocate (Criminal side) appearing for the official respondents submits that the respondent No.3 has given a representation against the petitioner and the enquiry is being initiated on the directions given by the learned Judicial Magistrate No.II, Kulithalai, in Cr.M.P.No.8191 of 2023 and the enquiry is still pending. On 19.08.2023, the petitioner appeared before the respondents Police and gave an undertaking in writing that he would appear again along with required documents on 25.08.2023. However, the petitioner failed to appear, but filed this petition seeking for a direction to the Police not to 2/5

harass him.

4. The respondents Police have been conducting the enquiry as directed by the learned Judicial Magistrate No.II, Kulithalai, in Crl.M.P.No.8191 of 2023. Since the petitioner is stated to have given an undertaking that he would appear along with required documents on 25.08.2023, the petitioner is directed to approach the respondents Police for completion of enquiry as directed by the learned Magistrate. It is needless to say that during the course of enquiry, the respondents Police are directed not to harass the petitioner and adhere the procedure strictly established by law and complete the enquiry as quickly as possible.

5. Accordingly, this Criminal Original Petition is disposed of. Index : Yes/No 12.09.2023 Internet : Yes/No ssb 3/5

To 1.The Superintendent of Police, Kanyakumari, Kanyakumari District.

2.The Sub-Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

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

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DR.D.NAGARJUN. J.

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