Madras High CourtCRL OP(MD)/3146/2021disposed of

Rathinakumar v. The Superintendent Of Police

2021-03-01Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.3146 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA Crl.O.P.(MD)No.3146 of 2021 Rathinakumar

...Petitioner

/Vs./ 1.State represented through The Superintendent of Police, O/o. Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Thirupathur Town Police Station, Thirupathur, Sivagangai District.

...Respondents

(Crime No.535 of 2020) Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent not to harass the petitioner under the guise of an enquiry. For Petitioner : Mr.P.Ponraj For Respondents : Mr.R.Erottuchamy Government Advocate (Criminal side)

ORDER

This petition is filed seeking for a direction to the second respondent not to harass the petitioner under the guise of an enquiry.

2. Mr.R.Erottuchamy, learned Government Advocate (Criminal side), who accepts notice on behalf of the respondents, on instructions, would contend that the First Information Report in Crime No.535 of 2020 was registered against the petitioner for the offences punishable under Section 379 of the Indian Penal Code and Section 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957 and the present petitioner is absconding. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3146 of 2021

3. Recording the said submissions, this Criminal Original Petition is dismissed. However, the respondent police is directed to follow the guidelines issued in the decision in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) sm 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, O/o. Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Thirupathur Town Police Station, Thirupathur, Sivagangai District.

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

+1 CC to Mr.P.PONRAJ, Advocate ( SR-8127[F] dated 02/03/2021 ) Crl.O.P.(MD)No.3146 of 2021 01.03.2021 KM (11.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2