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Madras High CourtCRL OP(MD)/6776/2016disposed of

Amala Joseph v. The Commissioner Of Police

2016-04-26Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P. (MD) Nos.6776 & 6923 of 2016 1.Amala Joseph 2.A.Adam Jones 3.P.Durai ... Petitioners in Crl.O.P.(MD) No.6776 of 2016 K.Ramesh ... Petitioner in Crl.O.P.(MD) No.6923 of 2016 vs.

1.The Commissioner of Police Madurai City 2.The Assistant Commissioner Town-Crime Range Madurai City ... Respondents in both Crl.O.Ps.

PRAYER (in Crl.O.P.(MD) No.6776 of 2016): This petition is preferred under Section 482 Cr.P.C., to direct the second respondent not to harass the petitioners and their family members without any legally sustainable complaint and to abide by the guidelines in D.K.Basu case in 1997 1 SCC 416.

PRAYER (in Crl.O.P.(MD) No.6923 of 2016): This petition is preferred under Section 482 Cr.P.C., to direct the second respondent not to harass the petitioner and his family members without any legally sustainable complaint and to abide by the guidelines in D.K.Basu case in 1997 1 SCC 416.

For Petitioners :

Mr.M.Vivek Kumar (in both Crl.O.Ps) For Respondents :

Mrs.S.Prabha, G.A.(Crl.Side) (in both Crl.O.Ps) C O M M O N O R D E R These petitions have been filed to direct the second respondent not to harass the petitioners and their family members under the guise of enquiry except due process of law.

2.

Heard the learned counsel for the petitioners, learned Government Advocate (Criminal Side) appearing for the respondents and perused the materials placed on record.

3. It is represented by the learned Government Advocate (Criminal Side) that, on the complaint lodged by Nethaji and 17 others, against the petitioners herein, petition enquiry is pending. https://hcservices.ecourts.gov.in/hcservices/

4. The petitioners are 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 petitioners against arrest.

5. With the above direction, these criminal original petitions are closed.

Sd/ Assistant Registrar(Crl.Side) /TRUE COPY/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai City.

2.The Assistant Commissioner, Town-Crime Range, Madurai City.

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

+1cc to M/S.M.Vivek Kumar, Advocate in SR.No.23821 Crl.O.P. (MD) Nos.6776 & 6923 of 2016 26.04.2016 krk PA/MP/13.05.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/