Madras High CourtCRL OP(MD)/13320/2017ordered

Yogesh Babu v. The Superintendent Of Police

2017-09-28Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Crl.O.P.(MD)No.13320 of 2017 Yogesh babu .... Petitioner Vs.

1.The Superintendent of Police, Ramnad District.

2.The Inspector of Police, Kamuthi Police Station, Ramnad District.

.... Respondents Prayer: Petition is filed under Section 482 of Cr.P.C., to direct the 1st respondent to instruct the 2nd respondent not to harass the petitioner under the guise of enquiry without any case. For petitioner :Mr.A.Uthayakumar For Respondents :Mr.C.Ramesh Additional Public Prosecutor

O R D E R

This petition has been filed to direct the 1st respondent to instruct the 2nd respondent not to harass the petitioner under the guise of enquiry 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. 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 https://hcservices.ecourts.gov.in/hcservices/

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

2.The Inspector of Police, Kamuthi Police Station, Ramnad District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +One cc to M/s.A.Uthaya Kumar, Advocate, SR.No.81422 mm RL/5C/2P/SKN/RSK/SAR1/5/10/2017 Crl.O.P.(MD)No.13320 of 2017 28.09.2017 https://hcservices.ecourts.gov.in/hcservices/