Madras High CourtCRL OP(MD)/2736/2021disposed of

Kulanthaisamy v. The Superintendent Of Police

2021-02-22Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.2736 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.2736 of 2021 Kulanthaisamy ... Petitioner Vs.

1.The Superintendent of Police, District Police Office, Thanjavur District, Thanjavur626 002.

2.The Inspector of Police, Tamil University Police Station Thanjavur District 3.S.Sesuraj 4.Sagayamary 5.Lordhu Mary 6.Irudhaya Mary ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent not to harass the petitioner and his family members under the guise of an enquiry.

For Petitioner : Mr.M.Karunanithi For R1 and R2 : Mr.R.Erottusamy Government Advocate (Criminal Side)

ORDER

The present petition is filed by the petitioner seeking for a direction to the second respondent not to harass the petitioner and his family members under the guise of an enquiry. 2.Mr.R.Erottusamy, learned Government Advocate (Criminal side), who accepts notice on behalf of the respondents 1 and 2, on instructions, would contend that no complaint is lodged against the present petitioner and therefore, there is no question of harassing the petitioner by the second respondent.

3.The contention of the learned counsel appearing for the petitioner is that the second respondent is frequently calling the petitioner over phone to go over to the police station. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2736 of 2021 4.Recording the same, the Criminal Original Petition is disposed of with a direction to the second respondent to follow the guidelines issued in the decisions in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 and Lalita Kumari Vs. Government of Uttar Pradesh and others [2013 (6) CTC 353], if a complaint is registered against the present petitioner. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Sji 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, District Police Office, ThanjavurDistrict, Thanjavur626 002.

2.The Inspector of Police, Tamil University Police Station Thanjavur District.

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

+1 CC to Mr.M.KARUNANITHI, Advocate ( SR-7072[F] dated 24/02/2021 ) Crl.O.P.(MD)No.2736 of 2021 22.02.2021 VB (10.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2