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Madras High CourtCRL OP(MD)/14768/2015disposed of

Selvam v. The Inspector 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.14768 of 2015 Selvam ... Petitioner

Versus

1.The Inspector General of Police, Office of the Inspector General of Police, Alagarkovil Road, Madurai.

2.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

3.The Deputy Superintendent of Police, Rajapalayam Sub-Division, Virudhunagar District.

4.The Inspector of Police, Seithur Police Station, Virudhunagar District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the fourth respondent not to harass the petitioner by intervening into the business transaction of the petitioner's petty shop. For Petitioner : Mr.R.Alagumani For Respondents : Mr.P.Kannithevan Government Advocate (Crl. Side)

ORDER

Heard both sides.

2. The learned counsel for the petitioner submitted that the petitioner is having petty shop near the TASMAC Shop No.11941. He further submitted that the fourth respondent is harassing the petitioner by intervening into the business transaction of the petitioner's petty shop and hence, the petitioner has come forward with this petition for the above stated relief.

3. At this juncture, the learned Government Advocate(Crl. Side) on instructions submitted that the petitioner herein is having petty shop and supplying water packets to the TASMAC shop and there was dispute between both the parties and three cases have been https://hcservices.ecourts.gov.in/hcservices/

registered against the petitioner and to circumvent from the same and to escape from the clutches of law, the petitioner filed the present petition.

4. Considering the rival submissions and on perusal of the types set of papers, even though the petitioner is facing three criminal cases, the police has no right to harass him. Whatever might be the circumstances, there shall be no harassment to the petitioner, 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 himself for interrogation.

4. With the above direction, this petition is disposed of. Sd/- Assistant Registrar(Per.Admin) /True copy/ Sub Assistant Registrar pm To 1.The Inspector General of Police, Office of the Inspector General of Police, Alagarkovil Road, Madurai.

2.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

3.The Deputy Superintendent of Police, Rajapalayam Sub-Division, Virudhunagar District. 4.The Inspector of Police, Seithur Police Station, Virudhunagar District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +one cc to Mr.R.Alagumani, Advocate in SR.No.44213/15. Crl.O.P.(MD)NO.14768 of 2015 03.08.2015 CSL 17/08/2015 2p/7c https://hcservices.ecourts.gov.in/hcservices/