Madras High CourtCRL OP/6121/2016disposed of

C. Vishnu Paarthiban, v. The Assistant Commissioner

2016-04-21Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.6121 of 2016 C.Vishnu Paarthiban ... Petitioner Vs.

1.The Assistant Commissioner of Police, Law and Order, Salem North.

2.The Inspector of Police Kannankurichi Police Station, Salem.

... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent not to harass the petitioner at any point of time. For Petitioner : Mr.J.Franklin 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 petitioner at any point of time.

2.Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor. 3.The learned counsel appearing for the petitioner would submit that on the basis of the complaint given by one Sathish Kumar, the respondent police are frequently calling the petitioner and harassing him. He would further submit that the petitioner is not involved in the said case.

4.At this juncture, the learned Additional Public Prosecutor would submit that one Sathish Kumar has given a complaint as against the petitioner and on that basis, petition enquiry is pending. He would further submit that there is no harassment. https://hcservices.ecourts.gov.in/hcservices/

5.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 respondents police to issue summons to the petitioner. The petitioner is directed to appear before the respondents police on receipt of summons.

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

-s/dAssistant Registrar True Copy Sub-Assistant Registrar pri To 1.The Assistant Commissioner of Police, Law and Order, Salem North.

2.The Inspector of Police Kannankurichi Police Station, Salem.

3.The Public Prosecutor High Court, Madras.

+1 cc to Mr.J.Franklin Advocate vide sr.24757 Crl.O.P.No.6121 of 2016 aa29/04/2016 https://hcservices.ecourts.gov.in/hcservices/