G.Subramanian v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.8645 of 2016 1.G.Subramanian 2.S.Logambal ... Petitioners Vs.

State rep. by Inspector of Police, All Women Police Station, Thudialur, Coimbatore District.

... Respondent Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondent not to harass the petitioners under the guise of enquiry on the basis of the complaint given by one Radhamani.

For Petitioners : Mr.M.N.Balakrishnan For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioners have come forward with this petition 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 one Radhamani, the respondent is harassing the petitioners under the guise of enquiry and hence, he pray for direction directing the respondent not to harass the petitioners.

3. At this juncture, the learned Additional Public Prosecutor appearing for the respondent would submit that on the basis of the complaint given by the defacto complainant, petition enquiry is pending.

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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 him for interrogation.

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

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar cse To

1. The Inspector of Police, All Women Police Station, Thudialur, Coimbatore District.

2. The Public Prosecutor High Court, Chennai.

+1cc to Mr.M.N.Balakrishnan, Advocate, S.R.No.24348 Crl.O.P.No.8645 of 2016 MG(CO) CA(29/04/2016) https://hcservices.ecourts.gov.in/hcservices/