Madras High CourtCRL OP(MD)/17375/2015disposed of

Sankili v. The Superintendent Of Police

2015-09-18Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2015

CORAM

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD)No.17375 of 2015 Sankili : Petitioner

Versus

State rep. by 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Sub-Inspector of Police, Sattur Police Station, Virudhunagar District.

: Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the respondents not to harass the petitioner and his family members and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.

For Petitioner : Mrs.Bharathi for Mr.M.Ramu For Respondents : Mr.P.Kannithevan Government Advocate (Crl. Side)

ORDER

Heard both sides.

2. The learned counsel for the petitioner would submit that the second 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 the case in Crime No.156 of 2015 has been registered for woman missing and since the petitioner is a neighbor, she was called for enquiry.

4. Considering the rival submissions made on both sides, the second 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 https://hcservices.ecourts.gov.in/hcservices/

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 /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Virudhunagar District, Virudhunagar.

2. The Sub-Inspector of Police, Sattur Police Station, Virudhunagar District.

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

SES TE/NGM-SS/ 01/10/2015 2P/4C Order made in Crl.O.P.(MD)No.17375 of 2015 Dated:

18.09.2015 https://hcservices.ecourts.gov.in/hcservices/