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Madras High CourtCRL OP/6647/2016disposed of

N.Udayakumar v. The 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.6647 of 2016 1.N.Udayakumar 2.S.Natarajan 3.N.Komala .. Petitioners Vs.

The State rep. by Inspector of Police, Ennore All Women Police Station, Chennai.

.. Respondent Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondent not to harass the petitioners in connection with the case registered in Crime No.not known of 2016.

For Petitioners : Mr.N.Nithianandam For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioners have come forward with this petition seeking for a direction, directing the respondent not to harass the petitioners under the guise of enquiry.

2. The learned counsel for the petitioners would submit that on the basis of the complaint given by one Mythili, the wife of the first petitioner, the respondent is harassing the petitioners under the guise of enquiry and hence, he pray for direction directing the respondent not to harass the petitioners.

3. At this juncture, the learned Additional Public Prosecutor appearing for the respondent would submit that on the basis of the complaint given by one Mythili, the wife of the first petitioner, petition enquiry in C.S.R.No.205 of 2015 is pending. 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 petitioners 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 petitioners. Thereupon, the petitioners shall appear before the police and submit him for interrogation.

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

cse Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Inspector of Police, Ennore All Women Police Station, Chennai.

2.The Public Prosecutor, High Court, Chennai. + 1 cc to Mr.N.Nithianandam, Advocate Sr 19203 KR/4/4/16 Crl.O.P.No.6647 of 2016 https://hcservices.ecourts.gov.in/hcservices/