R.Rathinavel v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.Nos.8139, 8140, 8189, 8190 and 8194 of 2016 R.Rathinavel .. Petitioner inCrl.O.P.No.8139 of 2016 A.Mohan .. Petitioner inCrl.O.P.No.8140 of 2016 J.Murugan .. Petitioner inCrl.O.P.No.8189 of 2016 P.Kanagu .. Petitioner inCrl.O.P.No.8190 of 2016 Iyar @ K.Rajasekar .. Petitioner inCrl.O.P.No.8194 of 2016 vs.

The Inspector of Police, Panrutti Police Station, Panrutti, Cuddalore District.

.. Respondent in Crl.O.Ps Prayer in all Crl.O.Ps:-Criminal Original Petitions filed under Section 482 Cr.P.C., to direct the respondent not to harass the petitioner.

For Petitioner in all Crl.O.Ps : Mr.R.Prabarakan for M/s.Manivasagam Associates For Respondent in all Crl.O.Ps : Mr.C.Emalias Additional Public Prosecutor COMMON ORDER The petitioners have come forward with these petitions 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 the de-facto complainant, the respondent is harassing the petitioners under the guise of enquiry and hence, he pray for direction directing the respondent police not to harass the petitioners. https://hcservices.ecourts.gov.in/hcservices/

3. At this juncture, the learned Additional Public Prosecutor appearing for the respondent would submit that one the basis of the complaint given by the de-facto complainant, a case in Crime No.207 of 2016 has been registered for the offences punishable under Sections 147, 341, 364(A) and 506(i) of IPC. He further submitted that since the petitioners were called for enquiry, they have come forward with these petitions for direction, directing the respondent not to harass the petitioners.

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 them for interrogation.

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

cse -s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To 1.The Inspector of Police, Panrutti Police Station, Panrutti, Cuddalore District.

2.The Public Prosecutor High Court, Chennai.

+ 5 ccs to M/s.N.Manivasagam Associates, Advoates SR 23082 to 23086 kk(co) prk5/5 Crl.O.P.Nos.8139, 8140, 8189, 8190 and 8194 of 2016 https://hcservices.ecourts.gov.in/hcservices/