Madras High CourtCRL OP(MD)/16875/2015disposed of

P.G.Senthilkumar v. The Inspector Of Police

2015-09-01Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2015

CORAM

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD)No.16875 of 2015 P.G.Senthilkumar : Petitioner

Versus

The State rep. By its The Inspector of Police, D-1, Thallakulam Police Station(L & O), Madurai.

: Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the respondent herein not to harass the petitioner in the name of enquiry without due process of law and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.

For Petitioner : Mr.S.Ramasamy For Respondent : Mr.P.Kannithevan 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 on the basis of the complaint given against unknown accused, the respondent is conducting enquiry and they suspected the petitioner as accused.

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.

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

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar ses To 1.The Inspector of Police, D-1, Thallakulam Police Station(L & O), Madurai.

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

+1CC to M/S.S.Ramasamy Advocate Sr.No.50445 GJM/NGM/SS/9.9.15-2P-4C Order made in Crl.O.P.(MD)No.16875 of 2015 Dated:01.09.2015 https://hcservices.ecourts.gov.in/hcservices/