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Madras High CourtCRL OP/17354/2015closed

K.Periyasamy v. The Inspector Of Police

2015-07-13Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.17354 of 2015 1.K.Periasamy 2.Arunthamarai .. Petitioners Vs.

State rep by Inspector of Police, Vikaravandi Police Station, Villupuram District.

.. Respondent Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent police "not to harass" without due process of law pending in Cr.No.375/2015 on the respondent police at Vikaravandi.

For Petitioners :: Mr.P.Bharathi For Respondent :: Mr.C.Emalias Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed praying to direct the respondent police "not to harass" without due process of law pending in Cr.No.375/2015 on the respondent police at Vikaravandi.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent and perused the materials placed on record.

3. On a complaint given by one Kalpana, that her husband Ramesh is missing, the respondent Police have registered a man missing case in Crime No.375 of 2015 and they have called these petitioners, who are the parents of Ramesh for enquiry.

4. Under such circumstances, no blanket orders of not to harass can be passed. If the petitioners are wanted either for enquiry or for interrogation, they can very well be summoned by the respondent police and while doing so, the petitioners shall not be harassed. At the same time, the petitioners should submit themselves https://hcservices.ecourts.gov.in/hcservices/

to the respondent for interrogation and enquiry. It is made clear that this order will not shield, if the petitioners are involved in cognizable offence.

s/dAssistant Registrar(CS-II) True Copy Sub-Assistant Registrar ds To

1. The Inspector of Police, Vikaravandi Police Station, Villupuram District.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.P.Bharathi, Advocate SR 35214 (co) prk29/7 Crl. O.P. No.17354 of 2015 https://hcservices.ecourts.gov.in/hcservices/