Madras High CourtCRL OP(MD)/13001/2017ordered

Shantha v. The Superintendent Of Police

2017-09-27Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Crl.O.P.(MD)No.13001 of 2017 Shantha .... Petitioner Vs.

1. The Superintendent of Police, Kanyakumari District, at Nagercoil.

2. The Inspector of Police, All Women Police Station, Ozhinaseri, Nagercoil, Kanyakumari District.

.... Respondents Prayer:Petition is filed under Section 482 of Cr.P.C., to direct second respondent police not to harass the petitioner without due process of law.

For petitioner : Mr.M.R.Sreenivasan For respondents : Mr.A.Ramar Additional Public Prosecutor

O R D E R

This petition has been filed to direct second respondent police not to harass the petitioner without due process of law. 2.Heard the learned Counsel appearing for the Petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. According to the learned Additional Public Prosecutor, the petitioner has given a complaint and the same is pending investigation.

4. However, the learned counsel for the petitioner submitted that the petition is only not to harass the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5. Whatever might be the circumstances, there shall be no harassment to the petitioner, 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 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. The petitioner is also permitted to take the assistance of the Advocate to the limited extent as found envisaged in the precedent cited supra.

6. With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar() /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Kanyakumari District, at Nagercoil.

2. The Inspector of Police, All Women Police Station, Ozhinaseri, Nagercoil, Kanyakumari District.

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

+1cc to M/S. M.R.SREENIVASAN, Advocate, SR.No.81212. Crl.O.P.(MD)No.13001 of 2017 27.09.2017 ta/das/am SDS/SV:MMS/SAR 1/06.10.2017/3P/5C https://hcservices.ecourts.gov.in/hcservices/