Madras High CourtCRL OP/6762/2016disposed of

K.Kirubakaran v. 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.6762 of 2016 K.Kirubakaran .. Petitioner Vs.

1.State rep. by The Commissioner of Police, Salem City, Salem District.

2.State rep. by The Inspector of Police, Central Crime Branch, Salem, Salem District.

.. Respondents Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the second respondent not to harass the petitioner by appreciating the above stated facts and circumstances.

For Petitioner : Mr.T.Balaji For Respondents: Mr.C.Emalias Additional Public Prosecutor

ORDER

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

2. The learned counsel for the petitioner would submit that the respondent is harassing the petitioner under the guise of enquiry and hence, he pray for direction directing the respondent police not to harass the petitioner.

3. Heard the learned Additional Public Prosecutor appearing for the respondents.

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

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 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 Commissioner of Police, Salem City, Salem District.

2.The Inspector of Police, Central Crime Branch, Salem, Salem District.

3.The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.T.Balaji, Advocate Sr 19069 KR/5/4/16 Crl.O.P.No.6762 of 2016 https://hcservices.ecourts.gov.in/hcservices/