Madras High CourtCRL OP(MD)/10244/2017disposed of

Sateesh Kumar v. The Superintendent Of Police

2017-08-04Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.10244 of 2017 1.Sateesh Kumar 2.Bose @ Murugesan : Petitioners -VsThe State rep. by 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Arimalam Police Station, Pudukkottai District. : Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code to direct the 2nd respondent not to harass the petitioners under the guise of enquiry and without following due process of law.

For Petitioners : Mr.B.Jameel Arasu For Respondents : Mr.K.Anbarasan Government Advocate (Crl.Side)

O R D E R

This is an application seeking a direction to the second respondent not to harass the petitioners under the guise of enquiry.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondents. 3.The learned counsel for the petitioner would submit that the petitioners were called upon for enquiry and harassed by the second respondent police without even furnishing the information as to the person, who gave complaint against the petitioners and about the nature of the complaint.

4. The above statement of the learned counsel for the petitioner is doubtful and the petitioner has not disclosed the true facts. The learned Government Advocate (Crl.Side) produced a letter by which the petitioners have undertaken to appear for enquiry in future with regard to the complaint given by one https://hcservices.ecourts.gov.in/hcservices/

Parameswari against the petitioners. In any event, enquiry may be conducted by the respondent police, only in the manner known to law. Without even issuing summons in the prescribed manner, the second respondent is not supposed to call upon anyone in connection with any enquiry and in this case, no case is registered so far.

5. Hence, this Criminal Original Petition is disposed of with a direction to the second respondent not to call the petitioners for any enquiry without issuing any summons prescribing the specific date and time and in the manner required in law. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Government of TamilNadu, Pudukkottai District, Pudukkottai.

2. The Inspector of Police, Arimalam Police Station, Pudukkottai District.

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

+1 CC to M/s.B.JAMEEL ARASU, Advocate, SR No. 70779. PJL PSM/SKN-RSK/SAR1/11.08.2017/2P/5C CRL.O.P.(MD)No.10244 of 2017 04.08.2017 https://hcservices.ecourts.gov.in/hcservices/