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Madras High CourtCRL OP/7853/2016disposed of

M.Selvi v. The Commissioner Of Police

2016-04-12Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.7853 of 2016 M.Selvi ...

Petitioner Vs.

1.The Commissioner of Police, Coimbatore City, Coimbatore.

2.The Inspector of Police, Cyber Crime (City), Coimbatore.

3.Rajan, Inspector of Police, Cyber Crime (City), Coimbatore.

...

Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the respondents 2 and 3 not to harass the petitioner under the Pretext of enquiry. For Petitioner :Mr.M.Venkadeshan For Respondents :Mr.C.Emalias Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondents 2 and 3 not to harass the petitioner under the Pretext of enquiry.

2.The learned counsel for the petitioner submitted that on the basis of the complaint given by one Dhilip Kumar, the petitioner the petitioner was called upon for enquiry and the respondent is harassing the petitioner under the guise of enquiry and hence, the petitioner has come forward with this petition for the above stated relief.

3.The learned Additional Public Prosecutor submitted that https://hcservices.ecourts.gov.in/hcservices/

on the basis of the complaint, the petitioner was called upon for enquiry and there is no harassment. Hence, he prays for dismissal of this petition.

4.Considering the rival submissions made on both sides, the 2nd respondent is 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 police to issue summons to the petitioner. Thereupon, the petitioner shall appear before the police and submit himself for interrogation.

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

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar mps To 1.The Commissioner of Police, Coimbatore City, Coimbatore.

2.The Inspector of Police, Cyber Crime (City), Coimbatore.

3.The Additional Public Prosecutor, Madras High Court, Madras.

+1 cc to Mr.M.Venkadeshan, Advocate, sr.22706 Crl.O.P.No7853 of 2016 kra 21.04.2016 https://hcservices.ecourts.gov.in/hcservices/