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Madras High CourtCRL OP/5196/2016disposed of

V.Jayaprasanth v. The Superintendent Of Police

2016-03-29Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.5196 of 2016 V.Jayaprasanth .. Petitioner Vs.

State by 1.The Superintendent of Police Kancheepuram District, Kancheepuram.

2.The Inspector of Police, Chengalpattu Taluk Police Station, Chengalpattu.

... Respondents Prayer:- Petition has been filed under Section 482 of Cr.P.C. to direct the second respondent not to harass the petitioner compel to attend enquiry or any other way harassing petitioner and his family members by the second respondent.

For Petitioner : Mr.S.Sankara Narayana Pandian 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 false complaint. 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, C.S.R.No.69 of 2016 has been given and enquiry is pending.

https://hcservices.ecourts.gov.in/hcservices/

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.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The Superintendent of Police Kancheepuram District, Kancheepuram.

2.The Inspector of Police, Chengalpattu Taluk Police Station, Chengalpattu.

3.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.S.Sankara Narayana Pandian Advocate sr.19258 Crl.O.P.No.5196 of 2016 aa01/04/2016 https://hcservices.ecourts.gov.in/hcservices/