Madras High CourtCRL OP/9553/2016disposed of

I. Kasinathan, v. The Inspector Of Police,

2016-04-28Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.9553 of 2016 1.I.Kasinathan 2.Saraswathi 3.K.Sathish Kumar 4.M.Santhi 5.R.Rose ... Petitioners Vs.

The Inspector of Police All Women Police Station, Vellore, Vellore - District.

... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent police not to harass the petitioners on the basis of the statement of Mrs.Shanthi and Rajendran otherwise than under procedure established by law.

For Petitioners: No Appearance For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking a direction to the respondent police not to harass the petitioners. 2.There is no representation for the petitioners. Heard the learned Additional Public Prosecutor.

3.The learned Additional Public Prosecutor would submit that on the basis of the complaint given by one Shanthi, the petitioners were called for enquiry and hence, prayed for the dismissal of the petition.

4.Considering the submissions made by the learned Additional Public Prosecutor, since enquiry is pending on the basis of the complaint given by one Shanthi, the respondent is directed not https://hcservices.ecourts.gov.in/hcservices/

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. The petitioners are directed to appear before the respondent police on receipt of summons for facilitating enquiry.

5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police All Women Police Station, Vellore, Vellore - District.

2.The Public Prosecutor High Court, Madras.

Crl.O.P.No.9553 of 2016 pa(CO) srg(20/05/2016) https://hcservices.ecourts.gov.in/hcservices/