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Madras High CourtCRL OP/1791/2016ordered

Ramesh Babu v. The Superintendent Of Police

2016-02-01Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.1791 of 2016 Ramesh Babu .. Petitioner Vs.

1.The Superintendent of Police (Rural) Puducherry.

2.The Sub-Inspector of Police Thirukanoor Police Station Thirukanoor, Puducherry.

3.Iyyanar .. Respondents Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the second respondent "not to harass" the petitioner.

For Petitioner :MS.M.Kalyani For Respondents: :Mr.V.Balamurugane Addl.P.P. (Pondicherry)

O R D E R

This petition is filed to direct the second respondent not to harass the petitioner.

2.The learned counsel for the petitioner would submit that the petitioner is only a Mediator between one Iyyanar and Sundari in respect of purchasing of some immovable property and that he is nothing to do with the alleged offence. Hence, the petitioner prays for a direction to the second respondent not to harass him under the guise of enquiry.

3.Heard the learned Additional Public Prosecutor (Pondicherry).

4.Considering the rival submissions made on both sides, the second respondent is directed not to harass the petitioner under the guise of enquiry, but let the police investigate into the matter in accordance with law and the mandates as found set out in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. If really, the police want to interrogate, it is open for the police to issue summons to the https://hcservices.ecourts.gov.in/hcservices/

petitioner. Thereupon, the petitioner shall appear before the police and submit himself for interrogation.

5. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kj To 1.The Superintendent of Police (Rural) Puducherry.

2.The Sub-Inspector of Police Thirukanoor Police Station Thirukanoor, Puducherry.

3.The Public Prosecutor High Court, Chennai.

+ 1 cc to Mr.M. Kalyani, Advocate Sr.6003 Crl.O.P.No.1791 of 2016 SK(CO) EU 09.02.16 https://hcservices.ecourts.gov.in/hcservices/