Madras High CourtCRL OP(MD)/17525/2017closed

Loganathan, S/O.Mayandi, v. The Inspector Of Police,

2017-12-20Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.17525 of 2017 Loganathan :Petitioner -Vs1.The State represented by The Inspector of Police, K.Pudupatti Police Station, Pudukottai District.

2.Mr.Prabhakaran, Inspector of Police, K.Pudupatti Police Station, Pudukottai District.

:Respondents PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to direct the respondents not to harass the petitioner under the guise of enquiry.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.K.S.Duraipandian Additional Public Prosecutor ***

O R D E R

This petition is filed to direct the respondents not to harass the petitioner under the guise of enquiry. 2.The petitioner states that he was threatened by the second respondent and forced to appear before him and that the petitioner was made to wait till 8.00 p.m., even thereafter, the petitioner was harassed by the second respondent for no reason without any summons or undertaking as to the purpose of enquiry and necessity of the presence of the petitioner.

3.The learned Additional Public Prosecutor, on instructions, submitted that in relation to a crime, call details were collected and that the petitioner's presence was required only to confirm the call details. It is further stated that there was no intention to harass the petitioner.

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4.The petitioner cannot be threatened or forced to appear before the police under the guise of enquiry without following the due procedure. If the presence of the petitioner is required for any enquiry, the same shall be done only after issuing summons, prescribing date and time and in the manner known to law. With these directions, the Criminal Original Petition is closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar To 1.The Inspector of Police, K.Pudupatti Police Station, Pudukottai District.

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

Cmr RL/3C/2P/KKR/SAR1/18/1/2018 CRL.O.P.(MD)No.17525 of 2017 20.12.2017 https://hcservices.ecourts.gov.in/hcservices/