Madras High CourtCRL OP(MD)/13161/2017ordered

M.A.Sundaram, v. The Commissioner 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.13161 of 2017 M.A.Sundaram .... Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Assistant Commissioner of Police, Tallakulam Police Station, Madurai City.

3.Thiruppathi ....Respondents Prayer: Petition is filed under Section 482 of Cr.P.C., to direct second respondent not to interfere with the civil dispute under the guise of any investigation and not to harass the petitioner. For petitioner :Mr.V.Santhakumaresan For respondents :Mr.K.Anbarasan G.A.(Crl.side)

O R D E R

This petition has been filed to direct the second respondent not to interfere with the civil dispute under the guise of any investigation and not to harass the petitioner. 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 https://hcservices.ecourts.gov.in/hcservices/

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/- Vacation Officer /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Assistant Commissioner of Police, Tallakulam Police Station, Madurai City.

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

+1cc to Mr.V.Santhakumaresan Advocate in SR. No. 81427 TA/DAS/AM JS/JC/SAR.2/4.10.2017/2P-5C Crl.O.P.(MD)No.13161 of 2017 27.09.2017 https://hcservices.ecourts.gov.in/hcservices/