← Library
Madras High CourtCRL OP/30476/2015disposed of

P. Selvakumar v. Superintendent Of Police

2015-12-22Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.30476 of 2015

1. P.Selvakumar

2. P.Raja

3. P.Lakshmi ... Petitioners Vs

1. The Superintendent of Police, Namakkal - 637 001.

2. The Inspector of Police, Pallipallayam Police Station, Namakkal.

...Respondents

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents not to harass the petitioners with respect to the Crime No.390 of 2015 on the file of the second respondent.

For Petitioners :

Mr.V.Veluchamy For respondents :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed to direct the respondents not to harass the petitioners with respect to the Crime No.390 of 2015 on the file of the second respondent.

2. The first and second petitioners are the sons of the third petitioner. The first and second petitioners are running travels business in Thirunelveli District. Due to family dispute between the petitioners and the father of the first and second petitioners and husband of the third petitioner, the petitioners isolated the father of the first and second petitioners and now his whereabouts is not known to the petitioners. The second respondent police came to the house of the petitioners and enquired about the whereabouts of the father of the first and second petitioners, namely Pauldurai. The

second respondent informed that the said Pauldurai has been arrayed as the eighth accused in Crime No.390 of 2015 on the file of the second respondent police. The respondents are frequently calling the petitioners under the guise of enquiry and harassing them. Hence the petitioners have come forward with the present Criminal Original Petition.

3. When the matter was taken up for consideration, the learned Additional Public Prosecutor submitted that the respondents are not harassing the petitioners. The second respondent is searching for the said Pauldurai, who is involved in a murder case and in order to find out his whereabouts, the petitioners are called by the respondents only for the purpose of enquiry. The counsel for the petitioner submitted that the respondent police is harassing the petitioners and threatening the petitioners to hand over the said Pauldurai. But the said statement is denied by the learned Additional Public Prosecutor and only in order to avoid the enquiry, the petitioners have filed the present petition.

4. Considering the submissions made on either side, this Court is constrained to pass the following order:- (i) The petitioners are directed to cooperate with the enquiry.

(ii) The respondents are directed to conduct the enquiry in accordance with law, without harassing the petitioners.

5. The criminal original petition is ordered accordingly.

sd/- Assistant Registrar(Cs-VII) /TRUE COPY/ Sub-Assistant Registrar vrc To

1. The Superintendent of Police, Namakkal - 637 001.

2. The Inspector of Police, Pallipallayam Police Station, Namakkal.

3. The Public Prosecutor, High Court, Madras.

+1 CC to MR.V.Veluchamy Advocate. SR.NO. 69599 Crl.O.P.No.30476 of 2015 CO-SCD JD 12/01/2016