Madras High CourtCRL OP(MD)/3419/2019disposed of

Gnanadass v. The Superintendent Of Police

2019-03-06Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.3419 of 2019 Gnanadass : Petitioner Vs.

1. The Superintendent of Police, Kanyakumari District.

2. State represented by The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

3. Pushpam : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent herein not to harass the petitioner in the name of enquiry without due process of law. For Petitioner : Mr.S.Ramasamy For R-1 and R-2 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side) ***

ORDER

The present petition is filed to direct the second respondent herein not to harass the petitioner in the name of enquiry without due process of law.

2.Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police. 3.The learned Counsel for the petitioner submitted that the no complaint is so far pending against him and he was taken illegal custody by the second respondent and is kept in the police station for the whole day.

4.The learned Government Advocate submitted that no complaint is pending and that therefore, there is no harassment by the second respondent.

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5.The said statement is recorded. Without getting into the merits of the allegations and the counter allegations as to whether the petitioner was taken in illegal custody, it is made clear that if at all the second respondent is interested in interrogation or holding any enquiry on any complaint, the same shall be done only on issuing of summons and strictly in accordance with law. 6.Accordingly, this petition is disposed of.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Kanyakumari District.

2. The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

3. The Government Advocate (Crl.Side), Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.RAMASAMY, Advocate ( SR-52075[F] dated 06/03/2019 ) CMR DS : 03/04/2019 : 2P/5C Crl.O.P.[MD]No.3419 of 2019 06.03.2019 https://hcservices.ecourts.gov.in/hcservices/