Madras High CourtCRL OP(MD)/16899/2015disposed of

K.Ayyasamy 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.16899 of 2015 1.K.Ayyasamy 2.G.Sujatha : Petitioners Vs.

State through The Inspector of Police, S.S.Colony Police Station, Madurai.

: Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the respondent police to not to harass the petitioner and his family members against the procedure established by law in the nature and circumstances of the case and the interest of justice and to pass such other relief as this Court may deem fit and proper in the nature and circumstances of the case. For Petitioner : Mr.N.Ramesh 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 on the basis of the complaint given by one Rajaguru the respondent is harassing the petitioner and 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 one Rajaguru has given a complaint against the petitioner and petition enquiry is pending in CSR No.646 of 2015.

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.

Sd/- Assistant Registrar (T&P) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

ses To 1.The Inspector of Police, S.S.Colony Police Station, Madurai.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, +1CC to Mr.N.Ramesh Advocate Sr.No.50329 GJM/NGM/SS/11.9.15-2P-4C Madurai.

Order made in Crl.O.P.(MD)No.16899 of 2015 Dated : 01.09.2015 https://hcservices.ecourts.gov.in/hcservices/