P.Venkatesh v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2015

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD) No.21794 of 2015 P.Venkatesh ... Petitioner Vs.

1.

The Commissioner of Police, Commissioner Office Campus, Madurai District, Madurai.

2.

The Inspector of Police, Thirunagar Police Station, Madurai.

.. Respondents Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the second respondent herein not to harass the petitioner and his family member under the guise of enquiry.

For Petitioner :

Ms.A.S.Rajeswari For Respondents:

Mr.A.P.Balasubramani Govt. Advocate (Crl.Side) ***

O R D E R

This petition has been filed under Section 482 Cr.P.C., directing the second respondent not to harass the petitioner and his family member under the guise of enquiry.

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

3. The Government Advocate (Crl.side), on instruction, would submit that a petition enquiry was conducted and the same was closed. He would further submit that there is no such harassment against the petitioner and if any interrogation is needed by the respondent against the petitioner, 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 petitioner 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 https://hcservices.ecourts.gov.in/hcservices/

closed. The petitioner 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 petitioner to participate and co-operate for the enquiry. Sd/- Assistant Registrar (CS-I)) /True copy/ Sub Assistant Registrar To:

1.

The Commissioner of Police, Commissioner Office Campus, Madurai District, Madurai.

2.

The Inspector of Police, Thirunagar Police Station, Madurai.

3.

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

+1 CC to Mr.A.S.Rajeswari, Advocate, SR No.66407 Crl.O.P.(MD)No.21794 of 2015 20.11.2015 srm SH/GSV-AN:10.12.2015:2P/5C https://hcservices.ecourts.gov.in/hcservices/