Madras High CourtCRL OP(MD)/15331/2015disposed of

K.Arun v. The Supdt. Of Police,

2015-08-07Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD)No.15331 of 2015 1.K.Arun 2.B.Karanam 3.K.Panju ... Petitioners Vs.

1.The Superintendent of Police, Madurai District, Madurai - 625 007.

2.The Inspector of Police, All Women Police Station, Samayanallur, Madurai District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 praying to direct the respondents not to harass the petitioners by interfering in the matrimonial dispute in connection with the complaint given by the defacto complainant viz., Kasthuri.

For Petitioners : Mr.N.R.Prabhu For Respondents : Mr.K.Anbarasan, Government Advocate(Crl. Side)

ORDER

Heard both sides.

2. The learned counsel for the petitioners would submit that respondent Police are harassing the petitioners under the guise of enquiry, and hence, the petitioners have come forward with this petition for the above stated relief.

3. The learned Government Advocate (Criminal Side), on instructions, would submit that petition enquiry in C.S.R.No.209/2015 is pending.

4. Considering the rival submissions made on both sides, the respondent Police are 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 themselves for interrogation.

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

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Madurai District, Madurai - 625 007.

2.The Inspector of Police, All Women Police Station, Samayanallur, Madurai District.

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

+1cc to Mr.N.R.Prabhu, Advocate SR.No.44719 Crl.O.P(MD)No.15331 of 2015 07.08.2015 ps NS/21.08.2015 : 2p/5c https://hcservices.ecourts.gov.in/hcservices/