Madras High CourtCRL OP(MD)/16476/2015disposed of

Meenakshi Sundarai v. The Commissioner Of Police

2015-08-26Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2015

CORAM

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD)No.16476 of 2015 Meenakshi Sundari : Petitioner Vs.

1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Vilakkuthoon Police Station(Crime), Madurai.

3.Naresh : Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the second respondent herein not to harass the petitioner under the guise of the enquiry on the complaint preferred by the third respondent and pass such further o rother orders as this Court may deem fit and proper in the circumstances of the case.

For Petitioner : Mr.V.P.Rajan For R1 & R2 : Mr.Kannithevan Government Advocate (Crl. Side)

ORDER

Heard both sides.

2. The learned counsel for the petitioner would submit that the petitioner's son is facing criminal case and the petitioner is called for enquiry and hence, the petitioner has come forward with this petition for the above stated relief.

3. At this juncture, the learned Government Advocate (Criminal side), on instructions, would submit that the son of the petitioner alone is facing criminal case in Crime No. 787 of 2015 for the offence under Sections 406 and 420 IPC and the petitioner, who is the mother of the accused, was never called for enquiry and there is no harassment.

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4. Recording the said submission, the respondents 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 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.

Sd/- Assistant Registrar (Writ) /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Vilakkuthoon Police Station(Crime), Madurai.

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

SES TE/SS-NGM/SAR(PA) 09/09/2015 2P/4C Order made in Crl.O.P.(MD)No.16476 of 2015 Dated:

26.08.2015 https://hcservices.ecourts.gov.in/hcservices/