Madras High CourtCRL OP(MD)/15344/2015disposed of

Mr. P. Kannan v. State Rep By Inspector Of

2015-08-10Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2015

CORAM

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD)No.15344 of 2015 P.Kannan : Petitioner

Versus

State of Tamil Nadu rep. By The Inspector of Police(Crime), Crime Branch, Cantonment, Trichy District.

: Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying this Court to direct the respondent not to harass the petitioner in the guise of enquiry and insisting him to pay amount to Kabilaventhan.

For Petitioner : Mr.P.Sebubalan Raja For Respondent : Mr.K.Anbarasan, Government Advocate (Crl. Side) ********

O R D E R

Heard both sides.

2. The learned counsel for the petitioner would submit that the respondent is 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 based on the complaint given by one Kabilaventhan, petition enquiry is pending.

4. Considering the rival submissions made on both sides, the respondent is directed not to harass the petitioner 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 petitioner. Thereupon, the petitioner shall appear before the police and submit himself for interrogation.

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

PM Sd/- Assistant Registrar(Writs) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To 1.The Inspector of Police(Crime),Crime Branch, Cantonment, Trichy District.

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

1CC to Mr.P.Sesubalan Raja, Advocate, SR.No.45068. Order made in Crl.O.P.(MD)No.15344 of 2015 Dated:

10.08.2015 2P/4C AM/NGM.SS/SAR-II/28.08.2015.

https://hcservices.ecourts.gov.in/hcservices/