Mohan Babu vs The State
2022 Latest Caselaw 10611 Mad

                                                                              Crl.O.P.No.14055 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 20.06.2022

                                                        CORAM

                              THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                               Crl.O.P.No.14055 of 2022


                Mohan Babu                                                    ... Petitioner

                                                            Vs.
                1. The State,
                   Represented by the Deputy Superintendent of Police,
                   EOW Wing, HQRS,
                   Ashok Nagar,
                   Chennai – 600 083.

                2. The State,
                   Represented by the Inspector of Police,
                   EOW Wing, HQRS,
                   Ashok Nagar,
                   Chennai – 600 083.                                          ... Respondents

                Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                Procedure Code, pleased to direct the 1st and 2nd respondent Police not to harass
                the petitioner in connection with notice from 1st respondent dated 12.05.2022
                for offence under Section 420 IPC.

                                       For Petitioner   :Mr.A.Ramesh, Senior Counsel
                                                         for Mr.Deepanuday
                                       For Respondents : Mr.A.Gokulakrishnan
                                                         Additional Public Prosecutor

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https://www.mhc.tn.gov.in/judis
                                                                                  Crl.O.P.No.14055 of 2022



                                                        ORDER

This Criminal Petition has been filed seeking to direct the 1st and

2nd respondent Police not to harass the petitioner in connection with notice from

1st respondent dated 12.05.2022 for offence under Section 420 IPC.

2. Heard the learned Senior Counsel appearing for the petitioner and

learned Additional Public Prosecutor appearing for the respondent police.

3. When there is a complaint filed, it is the duty of the police to issue

necessary notice for enquiry as per law and if any cognizable offence is made

out, it is the duty of the police to proceed as per law. It is for the petitioner to

cooperate with the investigation. Therefore, such blanket direction as sought for

by the petitioner can not be granted by this Court.

4. In such view of the matter, this Court is not inclined to interfere with

the investigation and the respondent Police are directed to issue a fresh notice to

the petitioner. On such notice being received, the petitioner shall cooperate with

the investigation and the respondent shall conduct preliminary enquiry as per

the direction contained in the judgment of the Hon'ble Apex Court in the case

https://www.mhc.tn.gov.in/judis Crl.O.P.No.14055 of 2022

of Lalita Kumari Vs. Government of Uttar Pradesh and others [2014 (2) SCC

(1)] and proceed further as per law.

5. With the above directions, this Criminal Original Petition stands

dismissed.

20.06.2022 ham/rgi Index :Yes/No Internet:Yes/No

To

1. The Deputy Superintendent of Police, EOW Wing, HQRS, Ashok Nagar, Chennai – 600 083.

2. The Inspector of Police, EOW Wing, HQRS, Ashok Nagar, Chennai – 600 083.

3. The Public Prosecutor,

High Court of Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.14055 of 2022

N. SATHISH KUMAR, J.

ham/rgi

Crl.O.P.No.14055 of 2022

20.06.2022

https://www.mhc.tn.gov.in/judis