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Madras High CourtCRL OP/7268/2016disposed of

P.Kadirvel v. The Commissioner Of Police

2016-04-04Honourable Ms. Justice R.Mala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.7268 of 2016 1.P.Kadirvel 2.S.Kumaraguru ... Petitioners Vs.

1.The Commissioner of Police, O/o.Commissioner of Police, Tiruppur District.

2.The Deputy Commissioner of Police, O/o.The Deputy Commissioner of Police, Tiruppur.

3.The Assistant Commissioner of Police, O/o.The Assistant Commissioner of Police, Tiruppur.

4.The Inspector of Police (L & O) Anupparpalayam Police Station, Tiruppur City.

... Respondents 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 on the complaints of Sakthivel @ John.

For Petitioners : Mr.P.Suresh 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 petition enquiry is pending on the complaint given by the defacto complainant.

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 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.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar pri To 1.The Commissioner of Police, O/o.Commissioner of Police, Tiruppur District.

2.The Deputy Commissioner of Police, O/o.The Deputy Commissioner of Police, Tiruppur.

3.The Assistant Commissioner of Police, O/o.The Assistant Commissioner of Police, Tiruppur.

4.The Inspector of Police (L & O) Anupparpalayam Police Station, Tiruppur City.

5.The Public Prosecutor High Court, Madras.

+1 cc to Mr.P.Suresh Advocate sr.20863 Crl.O.P.No.7268 of 2016 aa26/04/2016