Madras High CourtCRL OP(MD)/4295/2021disposed of

Y.Edwin Bose v. The Superintenden Of Police

2021-03-22Honourable Mrs Justice R. Tharani2 pages

Crl.OP(MD)No.4295 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2021

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA Crl.OP(MD)No.4295 of 2021 Y.Edwin Bose ... Petitioner vs.

1.The Superintendent of Police, Nagercoil, Kanniyakumari District.

2.The Deputy Superintendent of Police, Anti Land Grabbing Special Cell, Kanniyakumari District.

3.The Inspector of Police, Anti Land Grabbing Special Cell, Kanniyakumari District.

4.Sahayamary ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the second and third respondents not to harass the petitioner.

For Petitioner : Mr.B.Fazil Kirmani For R1 to R3 : Mr.A.Robinson, Government Advocate (Criminal Side)

O R D E R

The present petition is filed by the petitioner under Section 482 of the Code of Criminal Procedure, praying to direct the second and third respondents not to harass the petitioners. 2.Mr.A.Robinson, learned Government Advocate (Criminal side), who accepts notice on behalf of the respondents 1 to 3, on instructions, would submit that the fourth respondent, lodged a complaint against the petitioner with the third respondent and the same was registered in N.Ref./P2/35/37/5504/2020.

3. Mr.B.Fazil Kirmani, learned counsel appearing for the petitioner would contend that the petitioner was called upon by the police and he also appeared before the concerned police for enquiry.

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Crl.OP(MD)No.4295 of 2021

4. Recording the submissions made by the learned Government Advocate (Criminal side), the third respondent police is directed to follow the guidelines issued in the decisions in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 and Lalitha Kumari Vs. Government of Uttarpradesh reported in (2014) 2 SCC 1.

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

Sd/- Assistant Registrar (Writ) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Nagercoil, Kanniyakumari District.

2.The Deputy Superintendent of Police, Anti Land Grabbing Special Cell, Kanniyakumari District.

3.The Inspector of Police, Anti Land Grabbing Special Cell, Kanniyakumari District.

+1 CC to M/s.T.SWATHISANKARAVATHANAN, Advocate ( SR-12923[F] dated 23/03/2021 ) Crl.OP(MD)No.4295 of 2021 22.03.2021 mbi nsv (24.04.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2