Meena v. The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.3677 of 2016 1.Meena 2.Chokalingam .. Petitioners Vs.

State rep. by The Inspector of Police Taluk Police Station Arakkonam, Tiruvallur District.

.. Respondent Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondent "not to harass" the petitioners in respect of Cr.No.Not known of 2016, on the file of the respondent police.

For Petitioners:Mr.S.Gunalan For Respondent :Mr.C.Emalias Additional Public Prosecutor

O R D E R

This petition is filed to direct the respondent not to harass the petitioners.

2.The learned counsel for the petitioners would submit that the second petitioner availed a loan of Rs.1,75,000/- from Mr.Balaji through bank transaction of the first petitioner and repaid the amount. Despite the same, the said Balaji has given a false complaint against them and the respondent police is frequently calling them for enquiry and harassing them. Hence, the petitioners pray for a direction to the respondent not to harass them under the guise of enquiry.

3.The learned Additional Public Prosecutor would submit that on the basis of the complaint given by one Balaji, enquiry is pending in Ref.No.G1(2)/002495/162/2016.

4.Considering the rival submissions made on both sides, the respondent is directed not to harass the petitioners 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 https://hcservices.ecourts.gov.in/hcservices/

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 petitioners. Thereupon, the petitioners shall appear before the police and co-operate for enquiry and submit themselves for interrogation.

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

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police Taluk Police Station Arakkonam, Tiruvallur District.

2.The Public Prosecutor High Court, Chennai.

+1cc to Mr.S.Gunalan, Advocate Sr.15146 Crl.O.P.No.3677 of 2016 ev(CO) srg(11/03/2016) https://hcservices.ecourts.gov.in/hcservices/