Madras High CourtCRL OP(MD)/18711/2015disposed of

S. Sulthan v. The Inspector Of Police

2015-09-29Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.9.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA CRL.O.P.(MD)No.18711 of 2015 S.Sulthan ... Petitioner Vs.

1.The Inspector of Police, Theni Police Station, Theni.

2.The Inspector of Police, All Women Police Station, Theni.

3.The Inspector of Police, P.C.Patti Police Station, Theni.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C praying to direct the respondents not to harass the petitioner under the guise of enquiry.

For Petitioner : Mr.R.Suriyanarayanan For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl. Side)

O R D E R

Heard both sides.

2. The learned counsel for the petitioner would submit that the respondents are 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 by one Nagalakshmi, case in Crime No.839 of 2015 was registered against the petitioner for the offences punishable under Sections 406 and 420 IPC.

4. Considering the rival submissions made on both sides, the respondents are 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 /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Theni Police Station, Theni.

2.The Inspector of Police, All Women Police Station, Theni.

3.The Inspector of Police, P.C.Patti Police Station, Theni.

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

TS/07.10.2015/2P - 5C NGM-SS/SAR -II CRL.O.P.(MD)No.18711 of 2015 29.09.2015 https://hcservices.ecourts.gov.in/hcservices/