Madras High CourtCRL OP(MD)/3616/2021allowed

Kirupanandavariyar v. The Superintendent Of Police

2021-03-09Honourable Mrs Justice R. Tharani2 pages

Crl.O.P.(MD)No.3616 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R.THARANI Crl.O.P.(MD)No.3616 of 2021 Kirupanandavariyar ... Petitioner Vs.

1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Town North Police Station, Dindigul Town, Dindigul District.

3.The Inspector of Police, District Crime Branch, O/o. Superintendent of Police Office Campus, Dindigul District.

4. Arockia Prabakaran

5. Amul Raj ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the second and third respondents not to harass the petitioner his life and limp and his shop except according to due process of law .

For Petitioner : Mr. V.Karuna For Respondents 1 to 3 : Mr.R.Erottuchamy Government Advocate For Respondent 4 : Mr.C.Mayil Vahana Rajendran

ORDER

The petitioner has filed the present petition under Section 482 Cr.P.C praying to direct the second and third respondents not to harass the petitioner in the guise of enquiry. 2.On the side of the petitioner, it is stated that the petitioner unnecessarily harassed by the police in the guise of the enquiry, on the basis of a false complaint lodged by the fourth respondent.

3.On the side of the fourth respondent, it is stated that on a complaint lodged by the fourth respondent against the petitioner, enquiry is going on.

4.On the side of the respondents 1 to 3, it is stated that the fourth respondent lodged a complaint against the petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3616 of 2021 and the same is registered as Current Paper No.G3/5451/641/2021, dated 25.02.2021 and enquiry is still pending.

5. Recording the aforesaid submission, the petitioner is directed to co-operate with the enquiry and the respondents 1 to 3 are directed not to harass the petitioner physically and unnecessarily and also 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.

6.With the aforesaid direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) Ls 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, Dindigul District, Dindigul.

2.The Inspector of Police, Town North Police Station, Dindigul Town, Dindigul District.

3.The Inspector of Police, District Crime Branch, O/o. Superintendent of Police Office Campus, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.3616 of 2021 09.03.2021 smv(CO) KK(19.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2