Madras High CourtCRL OP(MD)/719/2018disposed of

R.Arulselvam v. The Commissioner Of Police

2018-01-17Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.01.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.719 of 2018 1.R.Arulselvam 2.R.Saveriyar ... Petitioners -Vs1.The Commissioner of Police, Trichy City, Trichy.

2.The Inspector of Police, Taluk Police Station, Dindugal District.

... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent not to harass the petitioners under the guise of enquiry.

For Petitioners :

Mr.A.Chandra Kumar For Respondents :

Mr.Prabu Ramachandran, Government Advocate(Crl.side).

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O R D E R

This petition has been filed by the petitioners to direct the second respondent not to harass the petitioners under the guise of enquiry.

2.The learned counsel for the petitioners has submitted that the petitioners were detained under Act 14 of 1982 and subsequently, the petitioners have filed Habeas Corpus Petition in H.C.P.No.1125 of 2017 and the same was allowed and hence, the petitioners were released in the month of November, 2017. Thereafter, under the guise of enquiry, the second respondent is frequently going to the petitioners' house and causing harassment.

3.The learned Government Advocate (Crl.Side) has submitted that after release of the petitioners by this Court in H.C.P.No.1125 of 2017, the petitioners were not called upon for enquiry and the allegation that the second respondent frequently visiting the petitioners' house is false.

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

4.Recording the aforesaid submissions, the second respondent is directed not to harass the petitioners unnecessarily. If any case is pending against them, they can be called upon for enquiry and if the enquiry reveals any cognizable offence, the second respondent has to register a case and proceed in accordance with law. Instead of doing so, the petitioners should not be subject to harassment unnecessarily.

5.With the above observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Trichy City, Trichy.

2.The Inspector of Police, Taluk Police Station, Dindugal District.

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

+1cc to Mr.A.CHANDRAKUMAR,Advocate,SR.42830 Crl.O.P.(MD) No.719 of 2018 17.01.2018 CP KK/MR/SAR 4/07.02.2018/ 2P- 5C/ https://hcservices.ecourts.gov.in/hcservices/