Madras High CourtCRL OP/4449/2016disposed of

S.Selvam v. State Rep. By

2016-03-28Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.4449 of 2016 S.Selvam .. Petitioner Vs.

1.State rep. by The Inspector of Police, Chetpet Police Station, Thiruvannamalai District.

2.V.Shruthi .. Respondents Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the first respondent not to harass the petitioner and his family members based on the complaint given by the second respondent.

For Petitioner : Mr.V.T.Narendiran For Respondents : Mr.C.Emalias Additional Public Prosecutor (For R1)

ORDER

The petitioner has come forward with this petition seeking for a direction, directing the first respondent 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 the second respondent, who is none other than the wife of the petitioner, the first respondent is harassing the petitioner under the guise of enquiry and hence, he pray for direction directing the first respondent not to harass the petitioner.

3. At this juncture, the learned Additional Public Prosecutor appearing for the first respondent would submit that on the basis of the complaint given by the second respondent, both the parties were called for enquiry and they sought for two months time to get a separate house. He would also submit that there is no harassment https://hcservices.ecourts.gov.in/hcservices/

4. Considering the above submissions, the 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 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.

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

2.The Public Prosecutor High Court, Chennai.

+1cc to Mr.V.T.Narendiran, Advocate Sr.20177 Crl.O.P.No.4449 of 2016 ad(CO) srg(01/04/2016) https://hcservices.ecourts.gov.in/hcservices/