Madras High CourtCRL OP(MD)/21387/2015ordered

D.Arumugam v. The Superintendent Of Police

2015-11-20Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2015

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)No.21387 of 2015 1.D.Arumugam 2.K.Pitchai Ammal 3.R.Dhanalakshmi 4.A.Gunasekaran 5.A.Bakkiyalakshmi 6.A.Kousalya 7.A.Balamurugan ... Petitioners Vs 1.The Superintendent of Police, Madurai District.

2.The Superintendent of Police, Dindigul District.

3.The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai.

4.K.Saravanan 5.K.Ramanan 6.K.Laxmanan ... Respondents Prayer: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1 to 3 respondents and their men not to harass the petitioners based on the complaints of the 4 to 6 respondents.

For Petitioners :Mr.R.M.Makesh Kumaravel For Respondents :Mr.A.P.Balasubramani Govt.Advocate (Crl.Side).

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ORDER

The petitioners have come forward with this petition, seeking for a direction to the respondents 1 to 3 and their men not to harass the petitioners based on the complaints of the respondents 4 to 6.

2. I have heard the counsel appearing on either side and perused the materials available on record.

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3. The Government Advocate (Crl.side), on instruction, would submit that there is a complaint against the petitioners by the defacto complainants, for which the petitioners have been called for enquiry and there is no such harassment against the petitioners and if any interrogation is needed by the respondent against the petitioners, the norms which are mentioned in the Judgement of Hon'ble Apex Court in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610, would be followed. He would further submit that there will not be any harassment against the petitioners and the enquiry or interrogation would be done in accordance with law.

4. Recording the statement of the Government Advocate (Crl.side) that the respondent police will not harass the petitioners in future under the guise of any enquiry, the criminal original Petition is closed. The petitioners cannot use this order to evade the enquiry that is going to be conducted and if any interrogation is needed from the police with regard to any enquiry, it is the duty cast upon the petitioners to participate and co-operate for the enquiry.

Sd/- Assistant Registrar(W) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Madurai District.

2.The Superintendent of Police, Dindigul District.

3.The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai.

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

srm RL/5C/GSV/AN/11/12/2015 Crl.O.P.(MD)No.21387 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 20.11.2015