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Madras High CourtCRL OP(MD)/1487/2016closed

Siva Elango v. The Sub Inspector Of Police

2016-01-28Honourable Mr Justice S. Vaidyanathan1 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2016

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)No.1487 of 2016 Siva Elango ..Petitioner Vs.

The Sub Inspector of Police, Panangudi Police Station, Tirunelveli District.

..Respondent PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent not to harass the petitioner based on the complaint of Elzhil Sweety.

For Petitioner : Mr.S.Saravana Kumar For Respondents : Mr.A.P.Balasubramani, G.A.(Crl. Side)

O R D E R

The petitioner has come forward with this petition seeking for a direction, directing the respondent not to harass the petitioner based on the complaint of Elzhil Sweety.

2.The learned Government Advocate (Criminal side), on instructions, would submit that petition enquiry is pending.

3. I have heard the learned counsel appearing on either side.

4. Considering the rival submissions made on both sides, the respondent is directed not to harass the petitioner under the guise of enquiry, 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.

5. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1.The Sub Inspector of Police, Panangudi Police Station, Tirunelveli District.

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

+1cc to Mr.S.Saravanakumar, Advocate in SR.5026 Crl.O.P.(MD)No.1487 of 2016 nbj 28.01.2016 pbk/jgb-dp 05.02.2016 ::1p-4c:

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