Madras High CourtCRL OP(MD)/22043/2015disposed of

Dhivan v. The Commissioner Of Police

2015-11-23Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN CRL.OP.(MD)No.22043 of 2015 Dhivan : Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police(SSI), Avaniyapuram Police Station, Madurai City.

3.Mr.Sethumani Madhavan, The Inspector of Police, Avaniyapuram Police Station, Madurai City.

4.Mr.Azhagu Muthu The Sub Inspector of Police, Avaniyapuram Police Station, Madurai City.

: Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the respondents 2 to 4 not to harass the petitioner and his family members in the name of enquiry and pass such further or other orders as this Court may deem fit. For Petitioner : Mr.M.Solaisamy For Respondents : Mr.A.P.Balasubramani Government Advocate(Crl. Side)

ORDER

The petitioner has come forward with this petition seeking for a direction, directing the respondents 2 to 4 not to harass the petitioner and his family members in the name of enquiry.

2. The learned Government Advocate (Criminal side), on instructions, would submit that the petition enquiry has been conducted and after due enquiry, the petition has been closed and there is no such harassment.

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3. I have heard the learned counsel appearing on either side.

4. Considering the rival submissions made on both sides, the 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 respondent 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(AS) /True Copy/ Sub Assistant Registrar To, 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police(SSI), Avaniyapuram Police Station, Madurai City.

3.The Inspector of Police, Avaniyapuram Police Station, Madurai City.

4.The Sub Inspector of Police, Avaniyapuram Police Station, Madurai City.

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

Cm AA/NGM-SS/AR-I/30.11.2015/2p-6c Order made in CRL.OP.(MD)No.22043 of 2015 Dated:-23.11.2015 https://hcservices.ecourts.gov.in/hcservices/