Madras High CourtCRL OP(MD)/95/2016ordered

Ramani Bharathi v. The Superintendent Of Police

2016-01-06Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN CRL.OP.(MD)No.95 of 2016 Ramani Bharathi : Petitioner Vs.

1.The Superintendent of Police, Thoothukudi District Thoothukudi 2.The Sub Inspector of Police Kovilpatti East Police Station, Kovilpatti Thoothukudi 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 wife.

For Petitioner :Mr.S.Pon Senthilkumaran For Respondents :Mr.A.P.Balasubramani Government Advocate(Crl. Side)

O R D E R

The petitioner has come forward with this petition praying to direct the 2nd respondent not to harass the petitioner and his wife.

2. The Government Advocate (Criminal side), on instructions, would submit that petition enquiry is pending.

3. I have heard the counsel appearing on either side.

4. Considering the rival submissions made on both sides, the respondents 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 himself for interrogation. In case of civil dispute, if the petitioner is armed with judgment and decree in his favour to the dispute, the police shall give protection to those, who have judgment and decree in his favour.

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

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Thoothukudi District Thoothukudi 2.The Sub Inspector of Police Kovilpatti East Police Station, Kovilpatti Thoothukudi District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.S.Pon Senthilkumaran, Advocate SR.No.743 Order made in CRL.OP.(MD)No.95 of 2016 Dated:- 06.01.2016 RR NS/NGM-SS/12.01.2016 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/