Madras High Court
Siddhe Gowdu vs The Superintendent Of Police on 12 May, 2021
W.P. No. 11727 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.05.2021
CORAM
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
W.P. No. 11727 of 2021
Siddhe Gowdu .. Petitioner
-Vs-
1. The Superintendent of Police,
Krishnagiri District,
Krishnagiri.
2. The Inspector of Police,
Tali Police Station,
Krishnagiri District,
Krishnagiri.
3. Manjula
4. Raghavendra
5. Swapna
6. Nandesh ..Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying for issuance of Writ of Mandamus directing the second
respondent to not to harass the petitioner expect the due process of law.
1/4
https://www.mhc.tn.gov.in/judis/
W.P. No. 11727 of 2021
For Petitioner : Mr.B.Viswanathan
For Respondents : S.Karthikeyan
Addl. Public Prosecutor for R1&R2
ORDER
(The case has been heard through video conference)
The prayer sought for herein is for a Writ of Mandamus directing
the second respondent not to harass the petitioner expect the due process
of law.
2. The case of the petitioner is that, there is a civil dispute between
the petitioner and the respondents 4 to 6. The respondents 1 and 2 have
been harassing the petitioner by repeatedly calling him for an enquiry.
Therefore, this petition is filed not to harass the petitioner expect the due
process of law.
3. The learned counsel appearing for the petitioner submitted that,
so far no FIR has been registered in this case, he is willing to appear for
the enquiry and co-operate with the respondent Police, if due process of
law is followed.
https://www.mhc.tn.gov.in/judis/
W.P. No. 11727 of 2021
4. The learned Additional Public Prosecutor appearing for the
respondent opposed to grant the relief as prayed for by the petitioner by
referring to the recent judgment of the Supreme Court in M/s.Neeharika
Infrastructure Private Limited vs. The State of Maharastra and others
rendered in CRL. A. No. 330 of 2021.
5. As rightly pointed out by the learned Additional Public
Prosecutor that in Neeharika supra, the Hon'ble Supreme Court of India
specifically directed the High Court to refrain from passing interim order
to not harass and no coercive measures shall be adopted in the petition
filed under Section 482 of Criminal Procedure Code and Article 227 of
the Constitution of India. Therefore, the prayer sought for by the
petitioner cannot be entertained.
6. The petitioner is directed to cooperate with the respondent
Police for enquiry. If cognizable offence is made out against the
petitioner, the respondent Police is directed to register FIR or otherwise
close the enquiry and act in accordance with law.
https://www.mhc.tn.gov.in/judis/
W.P. No. 11727 of 2021
G.CHANDRASEKHARAN, J.
vji
7. With these observations, this Writ Petition is disposed of.
However, there shall be no order as to costs.
12.05.2021
vji
To
1. The Superintendent of Police,
Krishnagiri District,
Krishnagiri.
2. The Inspector of Police,
Tali Police Station,
Krishnagiri District,
Krishnagiri.
3. The Additional Public Prosecutor,
High Court of Madras,
Chennai - 600 104.
W.P. No. 11727 of 2021
https://www.mhc.tn.gov.in/judis/
