Madras High CourtCRL OP(MD)/19758/2015disposed of

K.Sivamani v. The Superintendent Of Police

2015-10-13Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2015

CORAM

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD)No.19758 of 2015 K.Sivamani : Petitioner

Versus

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

2.The Deputy Superintendent of Police, Alangudi Sub Division, Pudukottai District.

3.The Inspector of Police, Karampakudi Police Station, Pudhukottai District.

4.Thiru.Sagaya Anbarasu, Inspector of Police, Karampakudi Police Station, Pudhukottai District.

: Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the respondents No.3 and 4 for not to harass the petitioner and his family members by intervening into the civil dispute.

For Petitioners : Mr.R.Alagumani For Respondents : Mr.P.Kannithevan, Government Advocate (Crl. Side)

O R D E R

Heard both sides.

2. The learned counsel for the petitioner would submit that the respondents 3 and 4 are harassing the petitioner and his family members 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 petition enquiry in C.S.R.No.379/2015 is pending. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the rival submissions made on both sides, the third 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 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, Office of the Superintendent of Police, Pudhukottai District.

2.The Deputy Superintendent of Police, Alangudi Sub Division, Pudukottai District.

3.The Inspector of Police, Karampakudi Police Station, Pudhukottai District.

4.The Inspector of Police, Karampakudi Police Station, Pudhukottai District.

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

+1cc to Mr.R.Alagumani, Advocate SR.No.61106 Order made in Crl.O.P.(MD)No.19758 of 2015 Dated:

13.10.2015 MPK NS/MP/30.10.2015 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/