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Madras High CourtCRL OP(MD)/23304/2015disposed of

Thangaraj v. The Director General Of Police

2016-01-25Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN CRL.OP.(MD)Nos.23304 & 23480 of 2015 1.Thangaraj 2.Lakshmi : Petitioners in CRL.OP.23304/2015 3.Abinaya : Petitioner in CRL.OP.23480/2015 Vs.

1.The Director General of Police, Law and Order No.1, Dr.Radha Krishna Salai, Mylapore, Chennai.

: 1st Respondent in CRL.OP.23304/2015 2.The Superintendent of Police, Trichy District.

3.The Deputy Superintendent of Police, Thiruverambur, Trichy District.

4.The Inspector of Police, Navalpattu Police Station, Trichy District.

: R-2 to 4 in CRL.OP.23304/2015 & R-1 to R3 in CRL.OP.23480/2015 4.Ayyakannu 5.Arun 6.Pitchaiammal : Respondents 4 to 6 in CRL.OP.23480/2015 Prayer in Crl.OP.23304/2015: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the respondents not to harass the petitioners under the guise of enquiry against the petitioners in connection with the alleged complaint given by the said Ayyakannu son of Perumal.

Prayer in Crl.OP.23480/2015: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the respondents 1 to 3 not to interfere in civil proceedings under the guise of enquiry against the petitioner in connection with the alleged complaint given by the respondents 4 to 6.

For Petitioner :Mr.T.Senthil Kumar in both petitions For Respondents :Mrs.S.Prabha, Government Advocate(Crl. Side) for R1 to R3 in Crl.OP.(MD).No.23304/15 For Respondents :Mr.R.Rajaraman, Advocate for R4 to R6 in Crl.OP.(MD).No.23480/15

COMMON ORDER The petitioners have come forward with these petitions seeking for a direction, directing the respondent police not to harass the petitioners under the guise of enquiry.

2. The main grievance of petitioners is that without any valid reason, the respondent police is harassing the petitioners, under the guise of enquiry. The said submission of the petitioners is gainsaid by the Government Advocate (crl.side).

3. The Government Advocate (Crl.side), on instruction, would submit that petition enquiry was conducted and there is no such harassment against the petitioners and if any interrogation or any further investigation is needed by the respondent police 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 and the enquiry or interrogation would be done in accordance with law.

4. I have heard the counsel appearing for the petitioners and the Government Advocate (crl.side) appearing for the respondents. Inspite of several opportunities given to the contesting respondents, there is no representation on behalf of them.

5. It is represented that the parents and brothers have spoken to the daughter, who is residing in Singapore, through electronic media, during the Mediation time, as directed by this Court. The petitioner in Crl.O.P.(MD)No.23480 of 2015 has also filed a suit against the parents that they shall not interfere with the matrimonial dispute.

6. Considering the facts and circumstances of the case and recording the statement of the Government Advocate (Crl.side) that the respondent police would not harass the petitioners in future under the guise of any enquiry, the criminal original Petitions are closed. The petitioners are directed to co-operate with the enquiry. Sd/- Assistant Registrar(AS) /True copy/ Sub AssistantRegistrar To 1.The Director General of Police, Law and Order No.1, Dr.Radha Krishna Salai, Mylapore, Chennai.

2.The Superintendent of Police, Trichy District.

3.The Deputy Superintendent of Police, Thiruverambur, Trichy District.

4.The Inspector of Police, Navalpattu Police Station, Trichy District.

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

+1cc to Mr.T.Senthil kumar, Advocate SR.No.5216 sm:SKS-RR:8.2.2016:3P/7c Order made in CRL.OP.(MD)Nos.23304 & 23480 of 2015 Dated:- 25.01.2016