Madras High CourtCRL OP(MD)/2313/2017disposed of

Karthik v. The Superintendent Of Police,

2017-06-12Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.2313 of 2017 Karthik : Petitioner Vs.

1. The Superintendent of Police, District Police Office, Subramaniyapuram Trichy.

2. The Inspector of Police, Samayapuram Police Station, Trichy District.

: Respondents Prayer:Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent not to harass the petitioner and his brother namely Sathishkumar and his father namely, Durairajan on the basis of the false complaint lodged by one Sudhakar against him and his brother and father and to direct the respondent No.2, to follow the guidelines issued by the Hon'ble Supreme Court in D.K.Basu 1997 1 SCC 416 case in matters pertaining to arrest or interrogation.

For Petitioner : Mr.M.Maran For Respondents 1&2: Mr.K.Anbarasan, Government Advocate (Crl.side)

O R D E R

This petition has been filed to direct the 2nd respondent not to harass the petitioner and his brother namely Sathishkumar and his father namely, Durairajan on the basis of the false complaint lodged by one Sudhakar against him and his brother and father and to direct the respondent No.2, to follow the guidelines issued by the Hon'ble Supreme Court in D.K.Basu 1997 1 SCC 416 case in matters pertaining to arrest or interrogation.

2. Heard the learned counsel for the petitioner; learned Government Advocate (Criminal side) appearing for the respondents 1 and 2; and perused the materials placed on record.

3. M/s.K.Marimuthu, Sub-Inspector of Police, Samayapuram Police Station, Madurai District, is present in Court today. On instructions, the learned Government Advocate (Criminal side) submitted that, on the complaint given by one Sudhar, a petition enquiry is pending.

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4. The petitioner is directed to participate in the enquiry and during enquiry, he shall not be harassed. During the course of enquiry, if any cognizable offence is made out, the second respondent is free to register an FIR and this order shall not be a shield for the petitioner against arrest.

5. With the above direction, this petition is closed. Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To

1. The Superintendent of Police, District Police Office, Subramaniyapuram Trichy.

2. The Inspector of Police, Samayapuram Police Station, Trichy District.

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

RR PSM/KP/SAR1/27.06.2017/2P/4C Order made in CRL.O.P.(MD)No.2313 of 2017 Dated:-12.06.2017 https://hcservices.ecourts.gov.in/hcservices/