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Madras High CourtCRL OP(MD)/5340/2017ordered

G.Pushpam v. The Director General Of Police

2017-04-28Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2017

CORAM:

THE HONOURABLE MR JUSTICE A.M.BASHEER AHAMED Crl.O.P(MD)No.5340 of 2017 G.Puspham .. Petitioner Vs.

1. The Director General of Police, Mylapore, Chennai - 4.

2. The Deputy Inspector General of Police, Madurai Range, Madurai.

3. The Superintendent of Police, Madurai District, Madurai.

4. The Inspector of Police, Austinpatti Police Station, Madurai District.

5. Prabakaralathan

6. Senthilnathan .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent Nos.1 to 3 to instruct the fourth respondent not to interfere with the civil dispute between the petitioner and the fifth and sixth respondents on the basis of the petitioner's representation dated 19.04.2017. For Petitioner : Mr.S.Sankar For RR 1 to 4 : Mr.P.Kandasamy, Government Advocate (Criminal side).

ORDER

This Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent Nos.1 to 3 to instruct the fourth respondent not to interfere with the civil dispute between the petitioner and the fifth and sixth respondents on the basis of the petitioner's representation dated 19.04.2017.

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2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents 1 to 4. 3.The learned counsel for the petitioner submitted that the dispute relates to civil in nature, but the sixth respondent has given a complaint before the fourth respondent against the petitioner. Under the guise of enquiry, the fourth respondent is harassing the petitioner herein.

4.Considering the facts and circumstances of the case, the respondent Police are 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 herself for interrogation.

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

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Director General of Police, Mylapore, Chennai - 4.

2. The Deputy Inspector General of Police, Madurai Range, Madurai.

3. The Superintendent of Police, Madurai District, Madurai.

4. The Inspector of Police, Austinpatti Police Station, Madurai District.

PS TE/JC : 08/05/2017 : 2P/5C Crl.O.P(MD)No.5340 of 2017 28.04.2017 https://hcservices.ecourts.gov.in/hcservices/