Raj v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2016

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)No.1504 of 2016 Raj ...

Petitioner Vs.

1.The Deputy Superintendent of Police, Puliangudi, Tirunelveli District.

2.The Inspector of Police, Kadayanallur Police Station, Tirunelveli District.

...

Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent and his officials not to harass the petitioner unnecessarily against law under the guise of enquiry.

For Petitioner : Mr.G.Karuppasamy Pandian 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 2nd respondent and his officials not to harass the petitioner unnecessarily against law under the guise of enquiry.

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.

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

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

To 1.The Deputy Superintendent of Police, Puliangudi, Tirunelveli District.

2.The Inspector of Police, Kadayanallur Police Station, Tirunelveli District.

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

+1 cc to Mr.G.Karuppasamy Pandian,Advocate SR No.4909 Crl.O.P.(MD)No.1504 of 2016 28.01.2016 rg.JGB-DP 05/02/2016 2P/5C https://hcservices.ecourts.gov.in/hcservices/