Madras High CourtCRL OP(MD)/15885/2015disposed of

D.Shanthi v. The Commissioner Of Police,

2015-08-18Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD)No.15885 of 2015 D.Shanthi ... Petitioner Vs.

1.The Commissioner of Police, Madurai.

2.The Inspector of Police, Thiruparankundram Police Station, Madurai District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 praying this Court to direct the second respondent not to harass the Petitioner in the guise of enquiry on the civil dispute between her husband and his money lenders.

For Petitioner : M/s.R.Gowrishankar For Respondents : Mr.A.P.Balasubramani Government Advocate(Crl. Side)

ORDER

Heard both sides.

The Petitioner has come forward with this Petition apprehending harassment in the hands of the respondents Police on the basis of the complaint given by one Kesavan against her husband for money transaction.The husband of the Petitioner has also filed Insolvency Petition before the Court below, which is pending.

3. At this juncture, the learned Government Advocate (Criminal Side), on instructions, would submit that one Kesavan has filed a complaint which was enquired into and the same was closed. He would further submit that no such harassment on the part of the respondents Police to the Petitioner. 4.Considering the rival submissions made on both sides, the respondents Police are 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 wants to interrogate, it is open for the https://hcservices.ecourts.gov.in/hcservices/

police to issue summons to the petitioner. Thereupon, the petitioner shall appear before the police and submit herself for interrogation.

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

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar vsn To 1.The Commissioner of Police, Madurai.

2.The Inspector of Police, Thiruparankundram Police Station, Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

+one cc to Mr.R.Gowrisankar, Advocate in SR.No.47530 Crl.O.P(MD)No.15885 of 2015 18.08.2015 NS/JGB-DP/SAR-II/01.09.2015 2P/5C https://hcservices.ecourts.gov.in/hcservices/