Madras High CourtCRL OP(MD)/16351/2015disposed of

S. Marislevam v. The Superintendent Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.10.2015

CORAM

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD)No.16351 of 2015 1.S.Mariselvam : Petitioner

Versus

1.The Superintendent of Police, Ramanathapuram District.

2.Edwin Bright Working as Sub-Inspector of Police, Bazhar Police Station, Ramanathapuram District : Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the first respondent to instruct the 2nd respondent not to harass the petitioner under the guise of enquiry frequently without any case.

For Petitioner : Mr.A.Uthayakumar For Respondents : 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 second respondents 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 the petitioner is arrayed as accused in Crime No.276 of 2015, for the offences punishable under Sections 294(b) of Indian Penal Code.

4. Considering the rival submissions made on both sides, the second respondents 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 themselves for interrogation.

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

Sd/- Assistant Registrar(CO) /TURE COPY/ Sub Assistant Registrar SML To 1.The Superintendent of Police, Ramanathapuram District.

2. Sub-Inspector of Police, Bazhar Police Station, Ramanathapuram District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

JAM /27.10.2015/ SKS-RR/2P-4C Order made in Crl.O.P.(MD)No.16351 of 2015 Dated:

08.10.2015 https://hcservices.ecourts.gov.in/hcservices/