Dismissed

Gunasekaran v. State Rep by

Madras HC21 Jun 2022CRL OP/10577/2022

Case brief

AI extract

What is this about?

Criminal Original Petitioner filed under Section 482 Cr.P.C. to seek protection from harassment. High Court dismissed the petition, holding that the petitioner is bound to cooperate with the police during the pending enquiry and cannot seek a blanket direction without cooperation.

What did the court decide?

Prayer rejected; Criminal Original Petition dismissed; Notice to issuing appearance within two weeks to follow.

Gunasekaran Vs State Rep by — Writ and Judicial Review | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 21/6/2022

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THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

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Gunasekaran ...Petitioner Vs

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State rep. By The Sub-Inspector of Police District Crime Branch Vellore Vellore District. ...Respondent

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PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the respondent not to harass the petitioner in any manner except by due process of law.

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This Criminal Original Petition has been filed to direct the respondent not to harass the petitioner in any manner except by due process of law.

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Heard Mr.T.Muruganantham, learned counsel for the petitioner and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the respondent.

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Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that having received the summons, the petitioner has not appeared before the respondent Police for enquiry.

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The term harassment is so subjective which cannot be encapsulated in objective criterion. The petitioner having given a complaint is bound to cooperate with the Police for enquiry. Admittedly, the enquiry is pending. Without cooperating with the Police, they cannot seek such a blanket direction.

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In such a view of the matter, the prayer sought for by the petitioner is rejected. Accordingly, this Criminal Original Petition is dismissed. The Police shall issue notice, within two weeks, from today, for causing the appearance of the petitioner, for enquiry and after enquiring the petitioner, the Police may either register a complaint, if any cognisable offence is made out or close the complaint.

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Sd/-

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Assistant Registrar (CO) //True Copy//

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Sub Assistant Registrar

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mvs.

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1.The Sub-Inspector of Police District Crime Branch Vellore Vellore District.

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2.The Public Prosecutor, High Court, Madras.

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+1cc to Mr.T.Muruganantham, Advocate SR. No. 38786

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Crl. O.P. No.10577 of 2022

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GPL (CO) PR (30/06/2022)

Gunasekaran v. State Rep by

Case brief

What is this about?

What did the court decide?

Gunasekaran v. State Rep by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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