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Madras High CourtCRL OP(MD)/4186/2017ordered

Devi, v. The Sub Inspector Of Polie,

2017-04-10Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2017

CORAM:

THE HONOURABLE MR. JUSTICE A.M.BASHEER AHAMED Crl.O.P.(MD)No.4186 of 2017 Devi ... Petitioner Vs.

The Sub Inspector of Police, Prohibition Enforcement Wing, Tirunelveli City. ... Respondent PRAYER: The Criminal Original Petition is filed under section 482 of Criminal Procedure Code, to direct the respondent not to harass the petitioner in the guise of enquiry and to pass such further or other orders.

For Petitioner : Mr.S.R.Durai For Respondent : Mr.P.Kandasamy, G.A. (Crl.side)

O R D E R

This Criminal Original Petition has been filed praying to direct the respondent not to harass the petitioner under guise of enquiry.

2.The learend counsel appearing for the petitioner is present. Mr.P.Kandasamy, learned Government Advocate (Criminal side) takes notice for the respondent.

3.Heard both sides.

4.The learned Government Advocate (Criminal side) states that the respondent police has registered FIR in Crime No.755 of 2016 under TNP Act, in which the husband of the petitioner has arrayed as A3 and no complaint or enquiry is pending against the petitioner herein.

5.Considering the facts and circumstances of this case, this court is inclined to direct the respondent not to harass the petitioner under the guise of enquiry, but let the police investigate into the matter in accordance with law and the https://hcservices.ecourts.gov.in/hcservices/

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 herself for interrogation.

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

SD/- ASSISTANT REGISTRAR(CO) /TRUE COPY/ SUB ASSISTANT REGISTRAR To, 1.The Sub Inspector of Police, Prohibition Enforcement Wing, Tirunelveli City.

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

+1 CC TO MR.M.S.JEYAKARTHIK,ADVOCATE,SR NO.51203 er MAS/JC:08.05.2017:2P-4C Crl.O.P.(MD)No.4186 of 2017 10.04.2017 https://hcservices.ecourts.gov.in/hcservices/