Madras High CourtCRL OP(MD)/2183/2021disposed of

Gopinath v. The Superintendent Of Police

2021-02-12Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.2183 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.2183 of 2021 Gopinath ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Kovilpatti West Police Station, Kovilpatti, Thoothukudi District.

3.Selvaraj ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Criminal Procedure Code to direct the second respondent police not to harass the petitioner under the guise of an enquiry. For Petitioner : Mr.V.Selvakkumar For R1 & R2 : Mr.Erottusamy Government Advocate (Criminal Side)

ORDER

The petitioner has filed the present petition under Section 482 Criminal Procedure Code seeking for a direction to the second respondent not to harass the petitioner under the guise of an enquiry.

2.Mr.Erottusamy, learned Government Advocate (Criminal side), who accepts notice on behalf of the first and second respondents, on instructions, would contend that the third respondent lodged a complaint with the second respondent against the petitioner and the same was registered in CSR.No.103of 2020 and is posted for enquiry. 3.Recording the aforesaid submissions, the second respondent Police is directed to follow the guidelines issued in the decision in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2183 of 2021 4.With the above observation, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(AE) // True Copy // / /2021 Sub Assistant Registrar(CS) rmk Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Kovilpatti West Police Station, Kovilpatti, Thoothukudi District.

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

Crl.O.P.(MD)No.2183 of 2021 12.02.2021 NSM(CO) TR(02.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2