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Madras High CourtCRL OP/3832/2016disposed of

N.Saravanan v. The Superintendent Of Police

2016-03-16Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.3832 of 2016 N.Saravanan .. Petitioner Vs.

1.The Superintendent of Police, Dharmapuri District, Dharmapuri.

2.The Inspector of Police, District Crime Branch, Dharmapuri.

.. Respondents Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondents not to harass the petitioner. For Petitioner : Mr.C.Prabakaran For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking for a direction, directing the respondents not to harass the petitioner under the guise of enquiry.

2. The learned counsel for the petitioner would submit that on the basis of the complaint given by one Balu @ Chinnasamy, the respondents are harassing the petitioner under the guise of enquiry and hence, he pray for direction directing the respondents not to harass the petitioner.

3. Resisting the same, the learned Additional Public Prosecutor appearing for the respondents submit that on the basis of the complaint given by one Balu @ Chinnasamy, enquiry is going on. He further submitted that even though summons were served, the petitioner had not appeared before the respondent police.

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4. Considering the above submissions, the respondents are 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 petitioner. Thereupon, the petitioner shall appear before the police and submit him for interrogation.

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

cse Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Superintendent of Police, Dharmapuri District, Dharmapuri.

2.The Inspector of Police, District Crime Branch, Dharmapuri.

3.The Public Prosecutor, High Court, Chennai.

+ 2 ccs to Mr.C.Prabakaran, Advocate Sr 16623 KR/21/3/16 Crl.O.P.No.3832 of 2016 https://hcservices.ecourts.gov.in/hcservices/