P.Mahendran v. State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2024

CORAM:

THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR Crl.O.P.(MD) No.20002 of 2024 P. Mahendran

...Petitioner

Vs.

1. The Additional Deputy Superintendent of Police Karur In charge to Crime No.769 of 2021 Tiruchirapalli

2. The Special Sub Inspector of Police Somarasampettai Police Station Tiruchirapalli

...Respondents

PRAYER: Criminal Original Petition filed under Section 528 of BNSS directing the first and second respondents not to harass the petitioner without following the procedure established by law.

For Petitioner : Mr.N.R. Murugesan For Respondents : Mr.A. Thiruvadikumar No.1 and 2 Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to direct the first and second respondents not to harass the petitioner without following the procedure established by law.

2. The present petition has been filed seeking to not to harass the petitioner pursuant to the further investigation being conducted in Crime No. 769 of 2021. The petitioner is the witness for the mahazhar. Earlier the investigation officer had examined the petitioner. The defacto complainant Mythili wife of the deceased not satisfying with the investigation by the respondent has filed a petition in Crl.O.P(MD) No.11664 of 2024 causing doubt on the investigation conducted. Thereafter this Court had disposed of the petition directing the Director General of Police to take departmental enquiry against Vijayakumar, Inspector of Police, Somarasampetti Police Station who had proceeded with the investigation in Crime No. 769 of 2021. Now the present Investigation Officer had taken up the case and called the petitioner for enquiry. Again the petitioner under the guise of investigation he had been harassed.

3. The learned Additional Public Prosecutor submitted that the petitioner is the listed witness to speak about observation mahazhar, rough sketch and recoverf. The petitioner can appear before the investigation officer to aid the investigation since further investigation has been ordered on the direction of this Court. The petitioner is also very much interested in rendering justice and also the victim to have a fair investigation.

4. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Srirangam, Trichy District and he has to travel all the way to Karur to appear before the investigation officer. Hence he had send a request through his counsel to the Investigation Officer.

5. The learned Additional Public Prosecutor submitted that if necessary petitioner would be provided proper transportation to enquire the petitioner, since the statement of the petitioner is required for further investigation. Further statement would be recorded without any discomfort to the petitioner.

6. With the above direction, the Criminal Original Petition stands disposed of.

.

19.11.2024 Internet:Yes Index:Yes/No Speaking/Non speaking order aav To

1. The Additional Deputy Superintendent of Police Karur

2. The Special Sub Inspector of Police Somarasampettai Police Station Tiruchirapalli 3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai

M. NIRMAL KUMAR.J., aav Crl.O.P.(MD) No.20002 of 2024 19.11.2024