Madras High CourtCRL OP(MD)/14382/2015disposed of

Jesuraj (61/15) v. The Superintendent Of Police,

2015-08-03Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2015

CORAM

THE HONOURABLE Ms.JUSTICE R.MALA Crl.O.P.(MD)No.14382 of 2015 1.Jesuraj 2.Chandraleela 3.Edwin 4.Esthar ... Petitioners

Versus

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

2.The Inspector of Police, All Women Police Station, Srivaikundam, Thoothukudi District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the second respondent not to harass the petitioners and their family members under the guise of enquiry without due process of law on the basis of the petitioner's representation, dated 23.07.2015.

For Petitioner : Mr.S.Deenadhayalan For Respondents : Mr.P.Kannithevan Government Advocate (Crl. Side)

O R D E R

Heard both sides.

2. The learned counsel for the petitioners submitted that the petitioners have come forward with this petition seeking for a direction, directing the respondents not to harass the petitioners under the guise of enquiry on the basis of the complaint given by one Santhiya @ Shanmugathai.

3. The learned Government Advocate(Crl. Side) on instructions submitted that on the basis of the complaint given by one Santhiya @ Shanmugathai, the petitioners were called for enquiry and enquiry notice has also been issued to the petitioners, but the petitioners have come forward with the false complaint and hence, prays for dismissal of this Criminal Original Petition.

4. Considering the submissions made on both sides, the second respondent police is directed not to harass the petitioners, but let the police investigate into the matter in accordance with law and the https://hcservices.ecourts.gov.in/hcservices/

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 themselves for interrogation.

5. With the above direction, this petition is disposed of. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, All Women Police Station, Srivaikundam, Thoothukudi District.

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

+1cc to Mr.S.Deenadhayalan, Advocate SR.No.43471 Crl.O.P.(MD)No.14382 of 2015 03.08.2015 pm ns/12.08.2015 : 2p/5c https://hcservices.ecourts.gov.in/hcservices/