Arunkumar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.4477 of 2016 Arunkumar .. Petitioner Vs.

1.The Superintendent of Police Perambalur District, Perambalur.

2.The Inspector of Police, Kunnam Police Station, Perambalur District.

... Respondents Prayer:- Petition has been filed under Section 482 of Cr.P.C. to directing the Sub-Inspector of police, Kunnam Police station not to harass the petitioner by interfering civil dispute without following the due process of law. For Petitioner : Mr.M.Velmurugan For Respondents : Mr.C.Emalias Addl. Public Prosecutor

O R D E R

This petition is filed for issuing a direction to the respondents not to harass the petitioner under the guise of enquiry.

2.The learned counsel for the petitioner would submit that the petitioner has been harassed by the respondents under the guise of enquiry based upon the complaint lodged by one Santhosham, who is the grand mother of the petitioner. Hence, he has come forward with this petition for the above stated relief.

3.Learned Additional Public Prosecutor submits that on the basis of the complaint given by the petitioner's grand mother, C.S.R.No.27 of 2016 has been given. The respondents were called the petitioner only for enquiry and no harassment made against him.

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4.Considering the rival submissions made on both sides, 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 himself for interrogation.

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

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

2.The Inspector of Police, Kunnam Police Station, Perambalur District.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.M.Velmurugan, Advocate Sr 20324 KR/1/4/16 Crl.O.P.No.4477 of 2016 https://hcservices.ecourts.gov.in/hcservices/