Madras High CourtCRL OP(MD)/20673/2015disposed of

V.Bose v. The Superintendent Of Police

2015-10-29Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2015

CORAM

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD)No.20673 of 2015 1.V.Bose 2.Ramu : Petitioners

Versus

1.The Superintendent of Police, Dindigul District.

2.The Sub-Inspector of Police, Nilakkottai Police Station, Dindigul : Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the second respondent herein not to harass the petitioners in the guise of enquiry on any frivolous complaint from defacto complainant in a civil dispute. For Petitioners : Mr.V.Pandiyan For Respondents : Mr.P.Kannithevan, Government Advocate (Crl. Side)

O R D E R

Heard both sides.

2. The learned counsel for the petitioners would submit that the second respondent is harassing the petitioners under the guise of enquiry and hence, the petitioners have come forward with this petition for the above stated relief.

3. The learned Government Advocate (Criminal side), on instructions, would submit that based on the complaint given by one Mallika / the defacto complainant, petition enquiry in CSR.No.360 of 2015 is peding.

4. Considering the rival submissions made on both sides, the second respondent is directed not to harass the petitioners 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 petitioners. Thereupon, the petitioners shall appear before the police and submit themselves 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 Superintendent of Police, Dindigul District.

2.The Sub-Inspector of Police, Nilakkottai Police Station, Dindigul 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Crl.O.P.(MD)No.20673 of 2015 Dated:

29.10.2015 MPK CSL/NGM-SS/16.11.2015 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/