Madras High CourtCRL OP(MD)/13150/2017ordered

Balamurugan v. The District Superintendent

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.13150 of 2017 Balamurugan .... Petitioner Vs.

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

2.The Inspector of Police, Melur Police Station, Melur.

3.Sivabalan ....Respondents Prayer: Petition is filed under Section 482 of Cr.P.C., to direct the third respondent not to harass the petitioner in the guise of an enquiry without following due process of law. For petitioner :Mr.R.Murugappan For respondents :Mr.K.Anbarasan G.A.(Crl.side)

O R D E R

This petition has been filed to direct the third respondent not to harass the petitioner in the guise of an enquiry without following due process of law.

2.Heard the learned Counsel appearing for the Petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents.

3. According to the learned Government Advocate (Crl.Side), 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.

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.

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

Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To 1.The District Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Melur Police Station, Melur.

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

+1cc to M/S.R.MURUGAPPAN, Advocate SR.No.81432 ta/das/am MAS/KK/SAR1:05.10.2017:2P-5C Crl.O.P.(MD)No.13150 of 2017 27.09.2017 https://hcservices.ecourts.gov.in/hcservices/