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Madras High CourtCRL OP(MD)/777/2024disposed of

Vijay v. The Superintendent Of Police

2024-01-19Honourable Mrs Justice R. Hemalatha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2024

CORAM:

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Vijay

...Petitioner

Vs.

1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Assistant Superintendent of Police, Karaikudi Sub Division, Taluk Office Street, Karaikudi, Sivagangai District.

3.Michael.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the first respondent to direct the second respondent not to harass the petitioner and his family members under the guise of an enquiry based on the third respondent's complaint.

For Petitioners : Mr.N.Palaniyandi For R-1 and R-2 : Mr.T.SenthilKumar Additional Public Prosecutor 1/4

ORDER

This petition is filed by the petitioner seeking a direction to the first respondent to direct the second respondent not to harass him under the guise of an enquiry.

2. Mr.T.SenthilKumar, learned Additional Public Prosecutor who accepts notice on behalf of the respondents 1 and 2, on instructions would submit that the complaint lodged by the third respondent with the second respondent is registered in C.No.1536 of 2023 dated 13.10.2023 and it is pending for enquiry.

3. Considering the aforesaid submissions, this Criminal Original Petition is disposed of with a direction to the second respondent to follow the guidelines issued in the decision in the case of D.K.Basu Vs State of Bengal reported in AIR 1997 SC 610 and the circular issued by the Additional Director General of Police (Law and Order) dated 09.01.2024.

19.01.2024 NCC:yes/no Index:yes/no Internet:yes/no jbr 2/4

To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Assistant Superintendent of Police, Karaikudi Sub Division, Taluk Office Street, Karaikudi, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

R. HEMALATHA, J.

jbr 19.01.2024 4/4