Madras High CourtCRL OP(MD)/3924/2016disposed of

Ramar v. The Superintendent Of Police

2016-03-07Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.3924 of 2016 Ramar ...

Petitioner vs.

1.The Superintendent of Police, Tirunelveli District 2.The Inspector of Police, District Crime Branch Palayamkottai, Tirunelveli District ... Respondents PRAYER: This petition is preferred under Section 482 Cr.P.C., to direct the 2nd respondent police not to harass the petitioner and his family members under the guise of enquiry and consequently direct the 2nd respondent to follow the dictum laid down by our Hon'ble Supreme Court in D.K.Basu case reported in 1997(1) SCC 416.

For Petitioner : Mr.C.Christopher For Respondents : Mr.K.V.Rajarajan Government Advocate (Crl. Side)

O R D E R

This petition has been filed to direct the 2nd respondent police not to harass the petitioner and his family members under the guise of enquiry and consequently direct the 2nd respondent to follow the dictum laid down by our Hon'ble Supreme Court in D.K.Basu case reported in 1997(1) SCC 416.

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. It is represented by the learned Government Advocate (Crl. Side) that, on the complaint lodged by one Govindan, against the petitioner herein, petition enquiry is pending.

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 respondent Police is free to register an FIR and this order shall not be a shield for the petitioner against arrest.

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5. With the above direction, this criminal original petition is closed.

Sd/- Assistant Registrar(W) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District 2.The Inspector of Police, District Crime Branch Palayamkottai, Tirunelveli District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

RR RL/4C/JGB/DP/22/3/2016 Crl.O.P. (MD) No.3924 of 2016 07/03/2016 https://hcservices.ecourts.gov.in/hcservices/