Madras High CourtCRL OP/8496/2016disposed of

S.Ravishankar v. The Superintendent Of Police

2016-04-20Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.8496 of 2016 S.Ravishankar .. Petitioner Vs.

1.The Superintendent of Police, Krishnagiri District.

2.State rep. by Inspector of Police, Mathigiri Police Station, Mathigiri, Krishnagiri District.

.. Respondents Prayer:- Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the second respondent police officials not to harass the petitioner in connection with civil dispute pending before the Trial Court.

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

ORDER

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

2. The learned counsel for the petitioner would submit that on the basis of the complaint given by one B.Muniraj @ Periya Muniraj, the second respondent is harassing the petitioner under the guise of enquiry and hence, he pray for direction directing the respondent not to harass the petitioner.

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 B.Muniraj @ Periya https://hcservices.ecourts.gov.in/hcservices/

Muniraj, petition enquiry in C.S.R.No.61 of 2016 has been conducted and closed on 27.03.2016.

4. Considering the above submissions and even though petition enquiry in C.S.R.No.61 of 2016 has been conducted and closed, the second 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 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 Superintendent of Police, Krishnagiri District.

2.The Inspector of Police, Mathigiri Police Station, Mathigiri, Krishnagiri District.

3.The Public Prosecutor High Court, Chennai.

+ 1 cc to Mr.T.Sundaravadanam, Advocate Sr 24384 KR/28/4/16 Crl.O.P.No.8496 of 2016 https://hcservices.ecourts.gov.in/hcservices/