Madras High CourtCRL OP(MD)/15333/2015disposed of

H. Uma v. The Commissioner 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.15333 of 2015 H.Uma ... Petitioner Vs.

1.The Commissioner of Police, Tirunelveli City.

2.The Assistant Commissioner of Police, Tirunelveli City.

3.The Inspector of Police, City Crime Branch, Tirunelveli City.

4.The Inspector of Police, Perumalpuram Police Station, Tirunelveli 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 petitioner.

For Petitioner : Mr.N.Mohideen Basha For Respondents : Mr.K.Anbarasan Government Advocate(Crl. Side)

ORDER

Heard both sides.

2. The learned counsel for the petitioner would submit that respondent Police are harassing the petitioner under the guise of enquiry, and hence, the petitioner has 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.324/COP/PTN 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 https://hcservices.ecourts.gov.in/hcservices/

and submit themselves for interrogation.

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

sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar.

ps To 1.The Commissioner of Police, Tirunelveli City.

2.The Assistant Commissioner of Police, Tirunelveli City.

3.The Inspector of Police, City Crime Branch, Tirunelveli City.

4.The Inspector of Police, Perumalpuram Police Station, Tirunelveli District.

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

+1CC to Mr.N.Mohindden Basha Advocate Sr.No.44676 Crl.O.P(MD)No.15333 of 2015 Dated: 07.08.2015 GJM 19.8.15-2p-7C https://hcservices.ecourts.gov.in/hcservices/