Madras High CourtCRL OP/5588/2016disposed of

Moorthy @ Sathyamoorthy v. State Rep. By

2016-03-14Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.5588 of 2016 1.Moorthy @ Sathyamoorthy 2.Sivabalan 3.Poongothai 4.Periyasamy 5.Amutha 6.Subramanian ... Petitioners Vs.

State rep. by The Inspector of Police, All Woman Police Station, Kallakurichi, Villupuram District.

... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent not to harass the petitioners and his family members. For Petitioners : Mr.T.Balachandran For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking a direction to the respondent not to harass the petitioners and his family members.

2.Heard the learned counsel appearing for the petitioners as well as the learned Additional Public Prosecutor. 3.The learned Additional Public Prosecutor would submit that on the basis of the complaint given by the wife of the first petitioner, a case in Crime No.7 of 2016 was registered for the offence punishable under Sections 147, 294b, 494 and 506 (i) of I.P.C. against the petitioners by the respondent police. 4.Considering the above submissions, the respondent is directed not to harass the petitioners under the guise of https://hcservices.ecourts.gov.in/hcservices/

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 respondent police to issue summons to the petitioners. Thereupon, the petitioners shall appear before the police and submit themselves for interrogation.

5.With the above direction, this Criminal Original Petition is disposed of.

pri s/d- Assistant Registrar(AS) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, All Woman Police Station, Kallakurichi, Villupuram District.

2. The Public Prosecutor High Court, Madras.

+ 1 cc to Mr.T.Balachandran, Advocate, SR 16549 sai(co) prk28/3 Crl.O.P.No.5588 of 2016 https://hcservices.ecourts.gov.in/hcservices/